Research On The System Of Special Invitation Mediation In China Under The Background Of The Complicated And Simple Distributary Reform

In January 2020,the National People’s Congress authorized the Supreme People’s Court to carry out a pilot program of legislative reform of the separation of complicated and simple civil procedures in some courts,aiming to promote the separation of complicated and simple cases,the separation of serious and serious,and the separation of fast and slow.The draft amendments to the pilot program include the mediation agreements reached through mediation by “lawfully established mediation organizations or legally appointed mediators” into the category of subjects applying for judicial confirmation,orderly expanding the scope of application of the subjects of judicial confirmation procedures.However,in the process of deliberation of the draft,some experts pointed out that the expansion of the scope of the relevant subjects of the mediation agreement confirmed by the court should be strictly and cautiously,and the specific procedures and legal provisions of the“mediators serving in accordance with the law” are used to serve in accordance with the law.This standard also lacks relevant institutional basis.The newly revised Civil Procedure Law in December 2021 deleted the expression “mediators who serve in accordance with the law”,indicating that mediation agreements reached by mediators in their personal names can no longer be judicially confirmed,aiming to emphasize the importance of non-litigation mediation.Serious and normative.However,the current law on which mediation organizations based is only the People’s Mediation Law,which implies the possibility of formulating a special mediation law or promulgating relevant laws in the future.This amendment reflects the dual application of procedural jurisprudence(efficiency)and non-litigation jurisprudence(fairness),which not only meets the diverse needs of the parties for dispute resolution,but also realizes the value of judicial efficiency.It also reserves space for future legislation on diversified dispute resolution mechanisms.In the process of sorting out the changes of the main body of the specially-invited mediation system through the context of the “pilot implementation plan—amendment draft—decision” of the legislative reform by separating the complicated from the simple,it is found that there are improper expansion of the court’s mediation function,unbalanced development in practice,and poor connection with the judicial confirmation procedure.Therefore,at the court level,we should build a pre-litigation mediation model that combines conventionality and compulsion,improve the judicial support system and performance appraisal mechanism to clarify the functional boundaries of court procedural control and entity coordination;Regulate the main body,integrate resources,and improve the connection with judicial confirmation to improve the effectiveness of specially-invited mediation;at the level of institutional guarantees,measures such as expanding funding sources,strengthening supervision,and strengthening the construction of online mediation platforms should be adopted for the future application of the system which is escorted.