Study On The Online Mediation Mechanism In China

The online mediation is a combination of Internet and traditional mediation.,which the main program rely on online technology.Online mediation is essentially the same as traditional mediation,the only difference is the mediation from the real space into virtual,which makes the online mediation has more features that network environment needs,such as high-tech,virtual,flexibility.Combined with the specific situation of China's judicial practice,the author believes that it is necessary and feasible to set up the online mediation mechanism.From the necessity,online mediation is a new way of constructing the contradiction of diversified dispute solution mechanism,to provide the people with more extensive public service products,to meet the increasingly complex and diverse needs to settle disputes.Online mediation can also ease pressure of the court and solve the increasing e-commerce disputes,especially B2 C e-commerce.At the same time,the online mediation use information technology to improve the efficiency of mediation and reduce the cost of mediation.Besides,the virtual mediation environment can play a role in easing the conflict between the parties,and conducive to resolve the disputes and maintain good relations between the parties.From the feasibility,on the one hand,the popularity of the Internet and the awakening of civic awareness of the network,as well as the improvement of information technology laid the foundation for the online mediation mechanism.On the other hand,the online mediation can solve various types of disputes,such as e-commerce disputes,family disputes,neighborhood disputes,folk microfinance,labor disputes,traffic accident liability insurance disputes and so on.Our administrative organs,courts and civil society forces are actively establishing and improving the online mediation mechanism.Chengdu court set up a online mediation system called He He Zhi Jie.Hangzhou court of Xihu has Chen Liaomin's online studio and the Zhejiang online court.Besides we also have Taobao e-commerce online dispute settlement mechanism and the Sina online court.At present,these mechanism have achieved good results,and accumulated rich experience.However,many problems have been found in practice,which mainly focus on three aspects: the limitation of propaganda channels,the limitation of technology and the limitation of operation.Specific performance is that propaganda is ineffective,the online mediation platform resources are limited,the identity authentication is difficult,the lack of confidentiality,the user experience is poor,lack of trust,mediation team and laws are not perfect.The author thinks that to strengthen the propaganda,integrate the resources of mediation and develop a wide range of online dispute settlement platform is the foundation;to innovate technological,perfect security measures,standardize identification program and sevice systerm is the key;to perfect the operation system and optimize the online adjuster team is security.