Study Of The Court Mediation System

The mediation system is significant for the settlement of disputes, while also being good for the promotion of building a harmonious society. For China, the mediation system has certain social basis and historical heritage. In recent years, with the acceleration of the process of integration of urban and rural, the introduction of preferential agricultural policies, disputes surge in the field of housing and land, etc,. The emergence of a large number of disputes arising as a result of the contracted management of land, land expropriation, relocation compensation. Simple litigation has been unable to respond to almost explosive growth disputes. It is a inevitable result the at mediation becomes to the center of non litigation disputes settlement mechanism. In this paper, the mediation system for the study, focusing on court mediation system, analysis of the current situation and lack of court mediation system in our country, and put forward their own proposals.In this paper, there is a total of about twenty thousand words, divided into four chapters, the specific content of it is described as follows:In the introduction, this paper introduces the background, significance, research status and the writing methods.The first chapter focuses on the basic theory of mediation and court mediation was explained, including mediation and court mediation of meaning, the principle of court mediation, the history and function of the court mediation court mediation. This section is more binding statute, the article discusses the theoretical basis. It should be pointed that the court mediation system in China has been experienced the development stages from emphasis on mediation to focus on Mediation and then to the voluntary and legal mediation.The second chapter introduces the legislative experiences of overseas court mediation, including Japan, Germany, the United States and Taiwan of China. Although due to different conditions, the legislation of the overseas countries（regions） can not necessarily be used to us. But the conception of national courts through mediation system to resolve the problem are centered throughout the entire process. Oversee the national and regional legislation, like the United States Court annexed mediation, Japan’s mediation, or Taiwan of China and Germany’s pre-filing mediation system, these systems are independent out of litigation procedure. At the same time, all countries and regions are listed in the types of mandatory mediation cases, and they all recognize the mediation agreements and the decisions have the same legal effect.The third chapter introduces and analyses the current mediation system in China, especially the court mediation system, pointing out that the current mediation system in our country is facing some problems, including but not limited to that it is partially mediated of the function in the mediation because of the different treatment to effectiveness of different judicial mediation agreements, nihilism in the mediation procedure, subject coincidence, emphasis too much on the settlement rate in compulsory mediation, rely too much on the mediation but not the efficiency of the lawsuit, etc,. This part lays the foundation for the following recommendations to address the issues.The fourth chapter is to discuss the problem solution. In this part, this paper first characterizes the mediation system in ancient China and foreign non-litigation mediation mechanism, and then points that the current mediation system in our country, especially the problems faced by court mediation system, should be improved on the aspects including the quality of mediators, set-up of correction evaluation mechanism, Pre-mediation procedure, the parties to the dispute to implement a reasonable enforcement and many other improvements.