System Reconstructing of Our Country’s Court Mediation

Of court mediation in the new century revival of the new situation , but the problems of its own existence , and still did not get a good solution . Terms of reference ' characterized by long-term penetrate to the court in the mediation process , that court mediation as a court to exercise judicial power , would have resulted in a court mediation system design philosophy deviation ; practice , there have been all kinds of unreasonable phenomenon . Therefore , to solve a variety of problems in the court mediation , it is necessary to first value and positioning on the court mediation research, and as a the basic refactoring court mediation system . Court mediation as a way of the exercise of judicial power is unique to China . Civil law countries , or common law countries , regard the court mediation as the parties agree to resolve disputes , and our court mediation embodies the characteristics of the terms of reference ' . Court mediation decision essentially on the basis of different mediation is voluntary , and the basis of the judgment is mandatory . We should not the Mediation and judgment tied for the Court to exercise jurisdiction . Therefore , we should re- locate to our court mediation to established court mediation , the parties based center to expand to the parties . Court mediation should be the essence of the parties consensual , just a boot from the judge on the parties to the mediation agreement reached , a supporting role . Establish a party - based court mediation , the reconstruction of the relevant systems should also be on this basis, both in the mediation program , principle or mechanism . The establishment of the court mediation parties based error positioning to correct long-standing court mediation academia and judicial practice , and more importantly, is related to the reconstruction of the system with the correct guidance of the concept , the court mediation system design more in line with the nature of the court mediation .