Cost Benefit Analysisof Court Mediation

At present,most of the research results on the mediation of the court are only carried out along the legal hermeneutic approach.They do not see the hidden economic interests behind them,leading to the emphasis on resource investment but despise the allocation of accounting,attention to the system construction but despise the choice of decision-making,attention to the macro contempt micro.And the cost-benefit analysis in economics will provide a new and enlightening perspective for court mediation research.In the field of law and economics,the court mediation and judgment as the court to resolve disputes in two basic ways are considered disputes to solve the market products.What kind of products a party chooses is based on a measure of the cost-benefit,that is,compare the input cost of the action and the output benefit after the action.The same is true for the courts.In terms of cost,by comparing the explicit costs and implicit costs of the cost of the parties and the cost of the court in the court mediation and judgment,in general,it can be concluded that the court mediation costs are less than the cost of the judgment,but for cases where there is a lot of time and labor costs that require multiple mediation or repeated mediation,Whether this conclusion is established depends on the specific circumstances of the case.In terms of benefit comparison,on the one hand,the parties to the dispute using the court mediation and judgment to resolve disputes have different expected benefits,in the judgment only concerned about the immediate interests,and in the court mediation also focus on future interests.On the other hand,judgments are affected by the problems such as "final jurisdiction is not final" and "law enforcement difficulty ",and the court mediation has the characteristics of being unable to appeal,difficult to retrial,perform voluntary and perform better,and the benefits of court mediation are better than judgment.Therefore,based on the premise of rational people,under normal circumstances,that is,in addition to the need to spend a lot of time costs and labor costs of the case,the court mediation between the expected income and cost difference is greater than the decision,the parties will choose the court Mediation to resolve disputes.On the basis of the above analysis,we can get the following enlightening conclusion through the cost-benefit analysis model such as "start model" and "consensual model" : the judgment cost is proportional to the possibility of conciliation agreement between the two parties,reduce the parties' expectations for mediation to reach an agreement,mediator's behavior has a significant impact on the achievement of the mediation agreement.Accordingly,the article proposed to play the role of litigation costs leverage,pay attention to the fact that the exchange of evidence and the implementation of full-time mediator system to improve the court mediation system to promote the development of the court mediation ideas.