The Theory Of Mediation First In The Civil Procedure Law

Article 122 of the newly amended Civil Procedure Law,adopted in 2012,stipulates the first mediation system,which is of great significance to the implementation of the "mediation priority" judicial policy and the promotion of a well-established and diversified dispute resolution mechanism.However,since the legislative provisions are too brief,only a simple legal provisions to be provided,and later judicial documents did not give a detailed explanation and elaboration,making the provisions since the birth has been controversial.In the judicial interpretation of the Civil Procedure Law adopted by the Supreme People's Court in 2015,there was no detailed explanation and reasonable explanation of the advanced mediation system.In particular,since the implementation of the registration system,the issue of the implementation of the prior mediation system has caused great controversy and caused the application The confusion.In view of these problems,this paper briefly reviews the background of the mediation system and the judicial practice,and makes a preliminary introduction to the contents of the mediation system.At the same time,under the provisions of Article 122 of the Civil Procedure Law,the specific application procedure of the first mediation system,With a view to establishing an independent first mediation system and improving the civil mediation system.This article will be divided into five chapters on the introduction of the first mediation system,the first chapter of the first mediation system to briefly introduce the contents of the first mediation of the "first" defined before the filing.After explaining the time node of the first mediation system,the legitimacy and legitimacy of the system are demonstrated by introducing the legislation and judicial practice of the system,and then analyzing the legitimacy and necessity of the first mediation system.In the second chapter,in the case of the introduction of the first mediation system,it is clear that the nature of the first mediation system is that the court with the judicial and non-judicial nature is equipped with ADR.Chapter III will analyze the types of civil disputes can be carried out in advance mediation.According to the different nature of the types of civil disputes,the civil disputes applicable to the first mediation system are divided into civil disputes that are suitable for mediation and civil disputes that are not suitable for mediation.Try to analyze the possibility of establishing a compulsory mediation system in our country.The fourth chapter will introduce the procedure of mediation first,and make a concrete analysis of the procedure of mediation by three aspects: the start of the procedure,the operation of the program and the end of the procedure.Chapter 5 will describe the legal effect of the mediation agreement reached after the application of the prior conciliation procedure.The nature of the mediation agreement is essentially a contract.At the end of the conciliation proceedings,the mediation agreement reached under the auspices of the court with the mediation room may give the legal effect of the mediation agreement to the conciliation and the parties may apply for enforcement.In accordance with the mediation agreement under the auspices of the mediation organization in society,the parties may obtain the execution by applying for judicial confirmation.