Research On Mediation System In Family Litigation Procedure

Family litigation mediation is conducted by the court,which is an important way for Chinese courts to resolve family disputes.Family litigation mediation has the dispute resolution function,interpersonal relationship treatment function,social ethics education function,and the function to protect the rights and interests of the weak.It can effectively overcome the disadvantages of adversarial rigid trial procedures in family dispute resolution,repair emotional relationships,protect the parties' consensus,and achieve the substantive justice of "The case is closed".After the founding of the People's Republic of China,China's family judicial policy has undergone six major adjustments: "advanced mediation","mediate mainly","focus on mediation","voluntary and legal mediation","combination of mediation and judgment",and "priority of mediation".The development of our country's family litigation mediation system has followed several ups and downs.Since 2013,the coexistence of high mediation rate and high enforcement rate in the judicial practice of our country has sounded the alarm for the standardized development of our country's family litigation mediation system.In general,compared to extraterritorial,China 's family litigation mediation system not only lacks the constraints of systematic legislative norms,but also is not scientific enough in the construction of specific systems,resulting in a series of problems,such as inadequate protection of the interests of minor children,frequent mediation disorder,unclear pre-application of mediation,poor connection between mediation and trial,and inadequate mediation supporting mechanisms.At present,after the pilot exploration during the reform of family trials,the standardized development of our country's family litigation mediation system has begun to take shape.On this basis,we should use the experience of extraterritorial systems as a reference and improve our family litigation mediation system as soon as possible.First of all,we need to resolve the system's legislative gap,and formulate a family litigation legislation standard that is not only in line with the developmenttrend of global family legislation but also has Chinese characteristics.At the same time,the principle of maximizing the interests of minors should be clarified,and the protection of the interests of minor children should be strengthened in three aspects:listening to opinions,reviewing mediation agreements,and establishing the interest agent system;secondly,we need to regulate the relationship and connection mechanism between mediation and trial,on the basis of the moderate separation of mediation and trial,it is necessary to further expand the application of the mediation mechanism in family litigation procedures,establish a standardized pre-procedure system of family mediation,and ensure a smooth transition between the two procedures through a sound connection mechanism between mediation and trial;then,in order to effectively guarantee the quality and effectiveness of family litigation mediation,we need to improve the corresponding supporting mechanism,establish a scientific long-term training mechanism for personnel and a mediation quality and efficiency evaluation system;finally,considering the current trend of judicial intelligence,we can also try to connection family litigation mediation with the ODR platform,establish a family ODR zone on the court's online service platform,and provide parties with rich resources for dispute resolution through online services such as online mediation,intelligent consultation,and intelligent evaluation,which greatly reduces the litigation burden of the parties while improving the efficiency of mediation.