Font Size: a A A

Non-litigation Study On The Online Mediation

Posted on:2021-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:W Q SongFull Text:PDF
GTID:2506306290472174Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
At present,China has seen rapid development of the Internet.As a new technology,the Internet has a profound impact on the current era and even is changing the current era.Therefore,the numbers of new civil and commercial disputes also increase sharply,however,the shortage of judicial resources has not fundamentally changed.Following the trend of the Internet era,non-litigation online mediation mechanism came into being.Non-litigation online mediation,the combination of traditional mediation and the Internet,is a convenient way to resolve dispute,which is mainly realized by online technology.In fact,non-litigation online mediation and traditional non-litigation mediation are the same in fact.They both are used to solve the disputes between the parties,and are in line with the ancient Chinese concept-"harmony is the most important".However,non-litigation online mediation breaks through the disadvantages of traditional non-litigation mediation and can solve disputes more conveniently and cheaply.In contrast to Western countries,many countries and regions have already formed a very complete non-litigation online mediation mechanism,but China is still in the early stages of exploration because it started late.Of course,our country is also trying to explore the establishment of multiple models of non-litigation online mediation platforms in order to achieve the expected mediation effect.In the process of exploration,there are both places worth promoting and inevitably some realistic problems.At the same time,there is not much research on non-litigation online mediation in academia,which leads to the lack of a certain degree of theoretical support in the process of constructing non-litigation online mediation system.The rapid development of China’s information technology,the popularization of "Internet +",and the awareness of the public on the Internet have laid a good foundation for the development of non-litigation online mediation.Non-litigation online mediation can not only resolve online disputes,but also offline disputes.There are various types of dispute resolution.Therefore,the author intends to proceed from the status quo of non-litigation online mediation to study this mechanism in depth and find that non-litigation online mediation in China The deficiencies in the operation,drawing on the excellent practical achievements of other countries,put forward corresponding countermeasures to the deficiencies in the current non-litigation online mediation system in China,and promote the non-litigation online mediation system in theory to be more perfect.The operation and development of the system in practice provide more useful ideas.In addition to the introduction and conclusion,this article is divided into the following four chapters: Chapter One analyzes the connotation and characteristics of non-litigation online mediation,and its unique role in the multi-dispute dispute resolution mechanism,and improves the non-litigation online mediation mechanism.Provide sufficient theoretical support.The second chapter introduces the current development of non-litigation online mediation in China,including the development of non-official domination of online non-litigation mediation,the development of official domination of online mediation,and the existence of non-litigation online mediation such as the complexity and security of the platform.Not enough,etc.,to lay the foundation for targeted solutions.The third chapter introduces the development of non-litigation online mediation in foreign countries,and analyzes its development with typical platforms such as Square Trade and Smart Settle,and compares it with the current status of non-litigation online mediation in China.The difference provides a basis for China to improve its non-litigation online mediation mechanism in light of its own circumstances.On the basis of the foregoing,Chapter IV aims at the problems existing in China ’s non-litigation online mediation,and draws on the excellent experience from outside the country to improve various mediation platforms,improve the implementation of mediation agreements,and improve non-litigation online mediation and other dispute resolution methods.From the perspective of making valuable reference and feasibility plans for establishing and improving the non-litigation online mediation system.
Keywords/Search Tags:Non-litigation mediation, Online disputes, Online mediation, Online dispute resolution mechanisms
PDF Full Text Request
Related items