Litigation And Mediation Docking Mechanism In People's Mediation

China's attitude to the settlement of disputes experienced by the“no litigation”(that is,the folk mediation and quell the litigation)to“litigation”to the“diversified dispute settlement mechanism”,since 21^stcentury,facing“litigation explosion”,“people with less”status quo,non-litigation dispute resolution mechanism more and more get the favour of people,but we found from the lessons of history:simply rely on litigation means or non-litigation means is non-enough to deal with the dispute of the 21stcentury,only the two(people mediation flexibility,convenience,the majesty of the litigation combine)to resolve problem quickly and efficiently,“the connection of the litigation and mediation”boarded the stage of history,based on the analysis of the empirical research method,the author learned J city K county people's court and judicial bureau of the people's mediation committee is how the docking,how is the effect,in the process of the connection.The existing problems are analyzed.Although the results of the investigation on the docking mechanism of litigation and mediation in K county are not necessarily universal.the author believes that K county,as a pilot court of“subdivision,mediation and arbitration”,is typical and representative,and can reflect the current situation and exiting problems of the implementation of the docking mechanism of litigation and mediation in the other courts.In the end of the paper,the author puts forward a way to solve and improve the problems.In existing in the docking mechanism of county litigation and mediation.It is also hoped that it can provide some reference for the development of the system of“litigation and mediation docking”in China.This text is divided into five parts:The first part elaborates the background of litigation docking,and then defines the concept of litigation docking from a broad and narrow perspective.The second part,mainly from the K county people's mediation committee and the court from two perspective of the K county litigation docking mechanism.In the third part,the author analyzes the problems existing in the connection of litigation and mediation by means of observation and empirical research,for example,the conditions for starting the judicial confirmation procedure of mediation agreement are too harsh,loopholes in the way the court reviews the mediation agreement,and so on.The fourth part is the investigation of the docking mechanism of the extraterritorial litigation,so as to absorb their beneficial parts and improve them.The fifth part summarizes the common problems of the court in K county and puts forward corresponding suggestions.Litigation mediation and docking mechanism provides a new way for the pluralistic dispute settlement mechanism.In this context,judicial confirmation can guarantee the smooth development of mediation and promote the wide application of mediation.