Research On The Non-judicial Online Mediation System Of Civil Disputes

The non-judicial online mediation system is an important part of the online dispute settlement mechanism,and it is an innovative form of civil dispute resolution in the context of the "Internet +" era.The non-judicial online mediation is not a judicial mediation with the court as the subject of mediation,but a mediation subject outside the court.It is an activity in which every civil dispute is mediated through network technology platforms and network information technology.Meanwhile,the non-judicial mediation,which is not just the simple integration of internet technology and traditional offline mediation,is different from the traditional offline mediation.The non-judicial mediation is a fire-new mediation system used to seal with civil dispute by means of internet technology in cyber space.The non-judicial online mediation can make full use of the advantages of fast dissemination,interconnection and inter-flow of Internet information to resolve disputes efficiently and conveniently,thus,it realizes fairness and justice.For an earlier time,foreign countries have started with the non-judicial online mediation system,and they have been rich in the experience in theoretical research and practical exploration,especially the western developed countries,led by the United States of America,having made outstanding achievements in the research of non-judicial online mediation system.The United States of America and the United Kingdom take a positive attitude towards the operation of the non-judicial online mediation system and encourage the public to handle disputes through mediation outside the lawsuit.Germany maintains a relatively conservative attitude,so their non-judicial online mediation system is advancing more slowly.However,China started the non-judicial online mediation system at a late time and its development speed was relatively slow.In recent years,the academic community has concentrated on the research on the positive and vigorous significance of non-judicial online mediation system,while ignoring the difficulties faced by mediation in the network environment.It lacks the systematic and in-depth discussion on the non-judicial online mediation systems in the context of the rule of law reform.The refined research on the non-judicial online mediation system is an urgent problem to be solved.Based on the research of China's non-judicial online mediation system as its key issue and the premise of the analysis of current social background where there is non-judicial online mediation system,this paper explains the connotation of the non-judicial online mediation by comparing the non-judicial online mediation system with the judicial online mediation system.In addition,it makes an in-depth analysis of the properties of the system.Then,it introduces the types and characteristics of the non-judicial online mediation system,and it expounds the value of the system from the perspective of mediation modernization.Secondly,through a horizontal comparison of non-judicial online mediation systems in the United States,Britain,and Germany,it is believed that China needs to concentrate on improving the non-judicial online mediation capabilities and levels in terms of legislation,mediators' professional abilities,scientific and technological means and confidentiality.Furthermore,according to the vertical time sequence,the development process of China's non-judicial online mediation system is briefly introduced and its online mediation institutions are presented,too.Based on the horizontal and vertical comparison,combined with the requirements of mediation modernization,this paper analyzes the disadvantages of China's non-judicial online mediation system and proposes targeted countermeasures.Based on the special features of non-judicial online mediation,the paper analyzes the feasibility of constructing a non-judicial online mediation system in China and proposes measures to apply advanced Internet information security technology to the non-judicial online mediation agencies to ensure mediation data and information security.For the problem of record keeping in the process of non-judicial online mediation,it is considered that,there will be a need to unify the mediation record format,to standardize the online mediation record and to ensure the integrity of the mediation record preservation.Based on the difficulty of performing the non-judicial online mediation agreements,it is proposed to strengthen relevant measures for the non-judicial online mediation agencies to connect with the judicial process.The paper believes that the lack of a system has put the development of the non-judicial online mediation into a bottleneck.A comprehensive and in-depth research of the system is a requirement of mediation modernization,and it also meets the requirement of pragmatism.It is of extraordinary significance to promote the development and improvement of the mediation system in China.