A Study On The Operation Of Specially-invited Mediation

After the implementation of the registration system,the contradiction between “more people and fewer cases” became more prominent.As an important mechanism for diversified dispute resolution,Specially-Invited mediation aims to reintegrate mediation resources,serve the people,and resolve disputes better.However,the following problems have arisen in the operation of Specially-Invited mediation: First,in the application of the Specially-Invited mediation practical model,due to the meticulous control of the mediation process by the court,the “independence” of the mediator is still lacking,and it still presents "Oneness" between meditation and trial.Second,the professional degree of mediators is low,and the level of mediation technology is not sufficient to enable them to complete the mediation activities on their own.Thirdly,the case is not fluent from the court to Specially-Invited mediation.There is resistance,and the effect is not obvious.Fourthly,in the “Special Mediation Regulations”,the courts have used the appointed meditation with the authorized meditation,in a mixed manner,which is not conducive to achieving the ultimate purpose of Specially-Invited mediation to resolve disputes efficiently.In order to ensure that Specially-Invited mediation can really play its role in efficiently resolving disputes,its operation should proceed from the following four aspects.First,clarify the relationship between mediators and judges.The two are parallel mediators.Judges should change their way in controling over mediation and give meditators an opportunity to independently mediate and also reduce their involvement in the mediation process to achieve separation of meditation and trial.Second,vigorously strengthen the professionalization of mediators,improve their own mediation capabilities,and establish a vocational training system,qualification certification,and qualification maintenance system.Third,actively explore the dispute settlement procedures and pre-conciliation procedures to enable the case to be derived from the court into the mediation process.Fourth,the grass-roots courts need to match their own actual conditions with legal provisions.By encouraging mediators to produce mediate agreements independently and speeding the application of lawsuits during the litigation phase to ensure the docking lawsuit and mediation.