Research On The Pre-procedure Of Family Dispute Mediation

With the changes in the social structure,disputes in the family field in my country continue to rise,showing multiple characteristics such as large numbers,complex types,sharp contradictions,and diverse stakeholders.In response to the need for resolving family disputes,the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the“Opinions on Improving the Diversified Resolution Mechanism for Conflicts and Disputes” in 2015,and put forward for the first time the “preposition of family mediation procedures”.Article 27 of the Opinions on Further Deepening the Reform of Diversified Dispute Resolution Mechanisms issued by the Supreme People’s Court in 2016 once again proposed to explore the establishment of “pre-procedures for family mediation”.After two years of pilot work,in 2018,the Supreme People’s Court issued the “Opinions on Further Deepening the Reform of Family Judgment Methods and Working Mechanisms(for Trial Implementation)”,which stipulated the “preprocedures for family dispute mediation” in Article 9,clearly requiring For family disputes that are suitable for mediation,courts at all levels may,with the consent of the parties or if the parties have not filed an application for mediation but the court deems it necessary to mediate before the court registers the case,appoint a specially invited mediation organization or a specially invited mediator to mediate.So far,the pre-procedure of family dispute mediation has a relatively clear normative basis in my country.As a procedural arrangement for dispute resolution,pre-mediation has a natural fit with the resolution of family disputes.For the country,the establishment of mediation pre-procedures is an important means to realize the “source governance”;for the courts,the establishment of mediation pre-procedures is a beneficial attempt to use different social forces to integrate social resources and relieve the court’s casehandling pressure;Personally,the establishment of pre-mediation procedures is an important way to achieve substantive justice.So far,although the reform of family trial has accumulated some experience for the pre-procedure of family dispute mediation,in practice,there are great differences in the understanding and application of the trial courts,and the operation of the pre-procedure for family dispute mediation still faces the courts.There are many difficulties,such as unclear conditions for delegating mediation according to authority,relatively vague scope of cases,uneven quality of mediation subjects,and insufficient supporting mechanisms.In order to effectively play the functions of the pre-procedure of family dispute mediation to repair damaged family relations,realize case diversion,and maintain harmony and stability of marriage and family.Firstly,it expounds the connotation,characteristics,necessity and legal basis of the pre-procedure of family dispute mediation.Secondly,based on the exploration in practice,it summarizes and analyzes the difficulties existing in the operation of the pre-procedure of family dispute mediation.Finally,using relevant theories,it explores the optimal path for the preprocedure of family dispute mediation from the aspects of clarifying the conditions for the court to delegate mediation according to its powers,reasonably determining the scope of the case,cultivating professional mediation subjects,and strengthening supporting mechanisms.