The Research About Court-annexed Mediation In United States

Court-Mediation was built in around the 1990 s, developed with the improvement of ADR in United States. The system, court-mediation, sets into local courts in United States, making function bases on kinds of ADR laws realized in that land. Nowadays,Court-Annexed Mediation has already become the main way to resolve disputes in Court-Annexed ADR System. This study bases on the investigation about the system performance in Quincy Court in Massachusetts Boston, connecting with academic outcomes from scholars. The content of the thesis includes the history, the actuality and the disputes about Court-Annexed Mediation in United States.The intension of this thesis includes three aspects about Court-Annexed Mediation in United States: Firstly, the connection among the court-rules, laws and individual’s autonomy to disputes makes somewhat national meaning on Court-Annexed Mediation. Secondly, resolving disputes flexibly to adapt the local reality of the society is always the task for every court in United States, collecting the law logics and disputes resolution experiences. The court mediation is set in the structure of the "trial separation", usually begins with the discovery will end stage,has a relatively independent status; At the same time, according to the reality needs,set up the case distribution mechanism, such as mandatory and non-mandatory court mediation, improve the efficiency of dispute resolution. In terms of specific mediation rules, the court mediation especially paying attention to the effectiveness of the communication, disputes the dominance of the parties and the confidentiality of mediation, specially set up the effective rules. Thirdly, there are several discussion and argument about Court-Annexed Mediation in United States in fact. So, it is not wise to copy this system then running in our country directly. However, there are still many things about U.S. Court-Annexed Mediation that we need to focus and learn. Its4, based on the court mediation system Settings, practical operation and related controversial discussion and analysis, this paper confidentiality in mediation, the parties, the dominant and the social support of alternative dispute resolution, the three aspects of trying to put forward our country the current court mediation from the United States court mediation and the way of the Angle of the reference.