Practice Research On Judicial Mediation

The judicial mediation system occupies an important position in civil procedure in our country, which has a long origin and widespread mass base. The judicial mediation is a way of resolving disputes, the importance of mediation seems to be particularly prominent under current harmonious society background. As mediation has long-lasting historical traditions and can better resolve contradictions in reality, it is extensively applied and throughout in judgment. Due to use in more cases, high mediation rate occurred in overall judgment system. However, whether it can truly resolve disputes and be realistically enforced, the effect was not good. Concerning the phenomena of difficult enforcement under high mediation rate, we need to introspect on the problems occurred in mediation in judicial practice, how to truly resolve disputes in judicial practice, whether the superiority of judicial mediation is embodied, and whether it can truly meet social requirements. Basing on reviewing lawsuit mediation system, referring to the successful experience of people’s court on exploring and practicing diversified dispute resolving mechanism, and analyzing motivation of new practical exploration on China’s judicial mediation, this paper tried to propose innovative opinions on perfecting China’s judicial mediation work.