Research On The Standardization Of Pre-litigation Mediation For Civil Cases In Primary Courts

As the courts that accept the most cases,the primary courts resolve a large number of civil disputes.At the same time,primary courts are faced with the dilemma of workload surge and staff shortage.In recent years,as an option to alleviate the "litigation explosion",pre-litigation mediation has been emphasized.Local primary courts have achieved good results in resolving civil disputes through pre-litigation mediation.This paper takes a primary court as the object of a survey,and through empirical research,focuses on how the primary courts conduct pre-litigation mediation in civil cases,what effects have been achieved,what aspects need improvement,and how to improve.This paper discusses the pre-litigation mediation of civil cases in primary courts from four aspects and combines field research to make arguments.The first chapter mainly introduces the current situation of the "litigation explosion" and the strained judicial resources of the primary courts,analyzes the theoretical and practical significance of pre-litigation mediation,and discusses the norms followed by the pre-litigation mediation system at different levels.The second chapter mainly records a survey of the pre-litigation mediation system for civil cases in a county court and summarizes the pre-litigation mediation system for civil cases in the surveyed court.The third chapter mainly discusses the current problems of pre-litigation mediation in civil cases in primary courts from both institutional and practical aspects.The problems in the field of institutions include the lack of systematization of pre-litigation mediation norms and the unclear rules of pre-litigation mediation initiation.The problems in the field of practice involve the effect of diversified dispute resolution,judicial confirmation,active implementation of mediation agreements and the ability of mediators.The fourth chapter focuses on improving the pre-litigation mediation system for civil cases in the primary courts and promoting the standardization of pre-litigation mediation,and this chapter is a response to the issues raised in the third chapter.