Special Mediation's System In Our Country

In 2016,the Supreme People ' s Court established specially-invited mediation system in accordance with the rules of the People ' s Court on specially invited mediation.The special invitation mediation system can effectively integrate the social anti-dispute resources,optimize the allocation of judicial resources and meet the needs of the parties.The special invitation mediation system can effectively integrate the social anti-dispute resources,optimize the resource allocation and meet the needs of the parties.In this paper,taking the West Lake Court and Futian Court as samples,the author emphatically introduces the current situation of the application of the specially invited mediation system in the two sample courts,and further explains the universality of the special invitation mediation system in our country through a small part of the whole.The mediation of invited experts in the West Lake Court and the mediation of specially invited persons in Futian Court are further innovations on the basis of the development of the system of specially invited mediation in our country.At the same time,it also reveals the universality of the present system of specially invited mediation.By comparing the number of cases received by the West Lake Court and the Futian Court,the volume of cases received by the center of litigation and mediation and the volume of cases received by the specially invited mediators,it is found that the specially invited mediators lack sufficient sources of cases,and by comparing the distribution of cases within the specially invited mediators,It is found that most of the specially invited mediation cases are concentrated in the hands of the"small proportion" of the invited mediators,and the internal resources are not evenly divided,and the phenomenon of "name-naming" is found.By comparing the number of cases received,the volume of settlement and the success rate of mediation,it is found that the number of successful cases of specially invited mediation is less,more of which is turned into a case,and the success rate of specially invited mediation is low.As a preliminary conclusion,China's specially invited mediation system has not played its due role and effect in practice.Accordingly,we should further refine the rules for the selection and appointment of specially invited mediators,clarify the scope of application of specially invited mediators,clarify the legal status of specially invited mediators,and put an end to the phenomenon of "nominalization".After expanding the sources of funds for specially invited mediation,we should implement the incentive mechanism of subsidizing funds,plan the work mechanism of special invitation mediation as a whole,and effectively improve the special invitation mediation mechanism.The operational effectiveness of the system.Only in this way,can it really exert its system ffunction of "sparse litigation decompression".