The Application Of Advance Mediation System Under Diversified Dispute Resolution Mechanisms

With the rapid development of social economy,contradictions and disputes have increased sharply,and there are various disharmonious and unbalanced factors in society.However,the settlement mechanism of social contradictions and disputes is still dominated by litigation mechanism.In this process,there are problems of long litigation cycle and high litigation cost,which is difficult to adapt to the diversified needs of solving social contradictions and disputes.In this context,the first mediation system under the diversified dispute settlement mechanism emerges as the times require.The first mediation system plays an important role in forming multi-party linkage and realizing social co governance.This paper analyzes the development process,operation mode and characteristics of the advance mediation system,and demonstrates the effectiveness of the advance mediation system based on social conflict theory and governance theory.At the same time,this paper analyzes the problems existing in the practice of the first mediation system under the diversified dispute settlement mechanism,and on this basis,puts forward the exploration suggestions to improve the first mediation system.This paper finds that the establishment of the first mediation system is of great significance in ensuring democratic participation,respecting the parties’ right to choose,enriching the connotation of diversified dispute resolution mechanism,governing social disputes at the source and helping to build a harmonious society.It is an effective way to solve social conflicts and disputes through diversified mechanisms.However,there are still some deficiencies in the operation of the first mediation system,which are manifested in the following five aspects: the public’s insufficient understanding of it,unclear scope of application,unreasonable procedure setting,unfair mediation results,weak mediation force and lack of professional talents,insufficient social security and lack of special fund guarantee.Based on the practice,this paper analyzes its shortcomings,and refers to the advanced experience of foreign advanced mediation system,such as ADR mechanism attached to the United States Court,alternative dispute resolution method in Britain,compulsory pre litigation mediation system in Germany,etc.and puts forward relevant exploration suggestions for the development of the first mediation system,aiming at improving the diversified dispute settlement mechanism First mediation system,so as to promote the modernization of national governance system and governance capacity,and help the construction of a harmonious society.