A Study On The Court Mediation System In China 's Civil Action

First of all it is certain that mediation plays an irreplaceable role in solving disputes. Court mediation, as one of the mediation, is superior than other mediation in many aspects, so perfect court mediation system is significant for dispute resolution.However, there are some problems in the present court mediation in our country, one of the biggest is the model of Combined Mediation and Trial in the lawsuit mediation.Mediation and justice are different in essence in many aspects, so the conduction of the court’s mediation and the court’s jurisdiction by the same trial organization will inevitably bring forth many problems. The mediation will interfere the judicial jurisdiction while the judicial jurisdiction may change and affect the mediation.Therefore it is necessary to perfect our country’s court mediation system, separate the mediation and the trial to enable them to play better role. At the present stage, the establishment and practical exploration of the prior mediation system in our country play a certain role in the separation of mediation. The prior mediation system brings the court’s intervention and mediation ahead of register which allows the mediator to concentrate on mediation when some disputes enter the procedure of mediation before the trial procedure being started. There is no denying that certain problems exist in the construction and operation of the present prior mediation system in our country.However, as theories and practices are in constant exploration, the prior mediation system is still referential in the improvement of our country’s court mediation. In terms of the improvement of our country’s court mediation, we can learn some explorations, achievements and results from other foreign countries based on our national conditions. Germany, a country with high levels of legal institutions, has conducted many research on mediation system which can be learned from.