Research On The Pre-court Mediation Procedure In Family Cases

Family cases have the characteristics of identity,privacy,and social welfare,and it is necessary to set up the traditional remedies such as court mediation procedures and litigation for family cases side by side.As a diversified dispute resolution mechanism,the pre-court mediation procedure of family cases should establish basic principles such as the principle of maximizing the interests of minors,the principle of proportionality of procedures,and the parties’ participation in mediation.It is conducive to the rational allocation of limited judicial resources and improving the efficiency of solving family cases.The different practices of the trial courts have led to inconsistent judicial practices: first,the scope of pre-court mediation in family cases has not been universally unified,and the diversion of cases violates the principle of equal treatment;second,the degree of professionalism of mediation subjects is insufficient In practice,the selection criteria have not yet formed a unified standard;the third is how to start the pre-court mediation procedure of family cases,there is no clear conclusion;the fourth is the lack of restrictive measures for pre-court malicious mediation in family cases,and the related supporting measures are not sound.In order to give full play to the function of court pre-court mediation procedures in family cases,appropriate procedures should be set for the scope of application,organizational structure,participants,and legal effects of pre-court mediation in family cases: discuss the application of pre-court mediation cases in family cases Scope and mediation methods;in the context of the reform of the legal official quota system,the composition of court mediators should be divided and reconstructed to a certain extent;the "dual" initiation method of court pre-court mediation in family cases has been innovated,namely voluntary initiation and compulsory initiation Start;improve relevant supporting measures to reduce the occurrence of malicious pre-court mediation.Finally,through the above joint efforts,we jointly established the pre-court mediation procedure attached to the court of family cases.