Study On The Legal Issues Of Pre-litigation Mediation System For Maritime Disputes

Since the reform of Case Registration System,the Maritime Courts and the People’s Courts emerged the problem of litigation explosion,the Maritime Courts’ trial pressure was growing each passing day,at the same time,the maritime diversified disputes settlement mechanism has been attracted by people.Among these methods,the pre-litigation mediation was considered as an important method.To perfect the pre-litigation mediation,relevant judicial interpretation was published by the Supreme People’s Court in 2004,and new Civil Procedure Law has also published in 2012.Moreover,for the reason of reducing the Maritime Court’s pressure from their work,the Supreme People’s Court has issue relevant judicial interpretation to empower the Courts adopted entrusting mediation system.At present,the Maritime Courts mainly choose the mode of self-mediation by themselves and the mode of entrusting mediation to solving maritime disputes.However,there are some legal issues under those modes,which lead the pre-litigation mediation to be inefficient,and it is also difficult to alleviate the Maritime Courts from the pressure of trial work.This article analyses the problems existing in the pre-litigation mediation,and learning form some measures which originate from the American Judicial Alternative Dispute Resolution System(ADR),in order to consummate the maritime disputes pre-litigation mediation system.This article includes 4 chapters in the main body.Chapter one is the overview of the maritime disputes pre-litigation mediation system,include the concept of maritime disputes pre-litigation mediation and how to distinguish the differences between the pre-litigation mediation and the pre-trial mediation,it also illuminate the pre-trial mediation’s differences between maritime disputes and civil disputes,and explain what’s the basic principle of it.Chapter two mainly analysis the legal problems of the maritime disputes pre-litigation mediation system existed in practice,which about vague parts of case scope,and invalid supervision in the pre-litigation mediation,and insufficient of funding,and how traditional ideas influences on the result of the pre-litigation mediation system.Chapter three mainly introduces the ADR mediation system in the United States,and what China’s pre-litigation mediation system can learn from it.Chapter four talks about the important meaning of perfecting the pre-litigation mediation system,and some suggestions of perfecting the maritime disputes pre-litigation mediation system,include clear the scope of application of the pre-litigation mediation,to perfect the training and supervision mechanism,consummate the legal protection of the pre-litigation mediation system’s funding,pay attention to law education of the pre-litigation mediation system,and strengthen the connection between the pre-litigation mediation and the judicial proceedings.