The Application Of Guest Of The People's Court Mediation's System In Family Disputes

The cases of family disputes presented various types and the number continued to rise,which prompting all walks of life to reflect on the existing methods of family dispute resolution.Guest of the people's court mediation's system can meet the handling of family disputes' basic requirements;overcome the deficiencies of trials and traditional mediation modes.As for new types of family disputes,it can effectively resolve it when the legal lags behind.At the same time,the system as an important part of the diversified dispute resolution mechanism reform,it is also a useful attempt to reform the family trial.However,due to the establishment time of guest of the people's court mediation's system is short,the system itself is not yet mature,and the supporting system is not perfect.Therefore,it still has some deficiencies in handling family disputes.At the level of institutional construction:guest of the people's court mediation's system lacks the overall conception in dealing with family disputes,for instance,guiding ideology,understanding of contradictions,mediation process,and mediation results.Besides the guest of the people's court mediation's system cannot prevent the expansion of mediation functions;and its lack of supporting systems.Regarding the system itself: guest of the people's court mediation's system did not clarify the relationship between the mediation organizations and the courts.due to the constraints of the system,the personnel participating in the mediation were restricted.the mediation procedures(such as trials limitation,etc.)provided for over-principles.In this regard,the overall awareness of the special mediation system should be strengthened by guiding the culture of social disassociation and stressing the rationality of special mediation.we also can regulate the personnel and procedures for special mediation in family disputes to prevent the expansion of guest of mediation functions.At the same time,through formulating supporting systems for family visits,investigations,psychological services,etc,we will improve the system of guest of mediation in resolving family disputes.At last,through the improvement of the existing people's courts' guest of mediation system,it will regulate its operation in solving family disputes and assist in the efficient resolution of family disputes.