Study Of The Mechanism Of Tne Connection Of Civil Litigation And Mediation

With the development of economy and society and the continuous promotion of deepening judicial reform in China,the negative growth of judicial resources and the positive growth of conflicts and disputes make the limitations of the litigious mechanism,such as antagonism and high cost,stand out in recent years.Meanwhile,this promotes the mechanism of the connection of civil litigation and mediation to develop rapidly as a new diversified dispute resolution mechanism,which has become mature in judicial practice and has made positive progress in resolving conflicts and disputes and maintaining social harmony and stability.At present,the mechanism of the connection of civil litigation and mediation has a tendency to be diversified on the condition of autonomy and free will.In its establishment and construction,the people's court plays a leading role and a bridge.The outstanding value of the mechanism in resolving civil disputes,such as making up litigious limitations,relieving the pressure of the court's trial and guaranteeing the rights and interests of the party,etc,has been verified.However,taking the nearly ten years' development of this mechanism into consideration,there are some problems and dilemmas.To be specific,the existing legislative “bottleneck” needs to be broken through;the modes of litigation and mediation are complex and varied;the rights and obligations of the departments are indefinite;the guaranteeing mechanism is not perfect;and the mechanism of converting “litigation” to“mediation” is not unrestricted.In modern society,the demand for thediversified resolutions to conflicts and disputes is becoming more and more urgent.From a brand-new perspective of promoting the modernization of national governance system and governance capacity and in combination with practical demand,the legal system and the guaranteeing system of the mechanism of the connection of civil litigation and mediation should be quickly established.In addition,a team of professional mediators should be set up.The mechanism of supervision,evaluation and stimulation should be improved.The practical operating mode should be innovated,too.In the“legal,standard and substantial” development,the close connection,effective cooperation,benign operation of the court's litigious mechanism and non-litigious mechanism so as to carve a convenient,rapid,flexible,highly effective and new pathway for civil dispute resolution.