Mediation In Small Claims Court In The U.S.

In the late 1970 s,the small claims court in the United States introduced subsidiary mediation.After decades of development,its theory and practice have been constantly improved,forming a relatively complete system.The procedure of small claims court is convenient.After the introduction of subsidiary mediation,it effectively improves the efficiency of dispute resolution and gives the parties a great deal of autonomy.Therefore,the subsidiary mediation of small claims in the United States has been widely used and recognized by the public in practice.The mediation attached to small claims in the United States adopts the principle of separation of mediation and trial,recognizing that the mediation agreement reached by the parties has the same effect as the judgment,and the court assists and supervises the performance of the mediation agreement in the subsequent implementation process.In the process of mediation,four basic principles must be followed: voluntary,confidentiality,neutrality and the autonomy of the parties.At the same time,the mediation attached to small claims has formed a relatively perfect mediator training mechanism and evaluation mechanism.In the mediation training mechanism,on the one hand,the court promotes the formation and improvement of the mediation.On the other hand,the commercialization and individualization of American mediation have trained a group of high-quality mediators for the small claims court,forming a systematic mediation theory.The two work together to promote the application of the mediation training mechanism.In the evaluation mechanism of mediation,the United States USES the methods of measuring the mediation rate,mediator's report,telephone return visit and questionnaire survey to understand the satisfaction of the parties to the mediation,so as to continuously improve in the subsequent practice.Although the attached mediation has not been established and developed for a long time in the small procedure court of the United States,it has made remarkable achievements.Although mediation has been developing for a long time in China,due to the late establishment of the relevant legislative system of mediation and the need to accumulate practical experience,the relevant legal system still needs to be improved.Moreover,in the process of building a systematic mediation team,there is a lack of corresponding supervision mechanism,which makes the mediation system encounter obstacles in practice.Therefore,the purpose of this study is to learn from foreign excellent theory and practice experience,improve mediator training mechanism,establish supervision and evaluation mechanism,and further popularize the application of mediation in small lawsuit procedure,so as to make it flourish in the soil of Chinese law and culture.