Study On Mediation-first System Of Civil Action

The application of mediation-first system has more advantages on thebackground of the developing diverse disputes resolution system, also from the valueand functions of easing intense judicial resource, protecting interests outside lawsuits,and reducing litigation adversary for both parties. The article122of the New CivilProcedure Law describes the stipulation of mediating before making arbitrations inour country. But owing to the generality of article122, to some extent, there will besome practice, which is not so standard, when it is applied. The writer aims atstudying the stipulation that is stated in article122of the New Civil Procedure Law,by analyzing and discussing its connotation and property, judicial practice, as well asthe application of the system. Besides the introduction and conclusion, this articlewill be divided into four parts. The first part will be specifying the connotation andproperty of the mediation-first system by analyzing the similarity and differencebetween the related concepts and the system itself. In the second part, the writer statesthe similar system in other areas, like the United States, Japan, and Taiwan, andsummarizes the merits that we can refer in applying mediation-first system, byanalyzing the operation and features of the system. In this part, the writer alsoseparates the mediation-first actions in present judicial practice into three types, andalso analyzes and compares with each other among the three of them, which is themediation-first actions of the Registration centre type, Court-Annexed Mediationtype, and the Court mediation before litigation type. In the third part, the writeranalyzes the problems that come up when applying the mediation-first system to realcases, including the intense relationships between mediation and trial, controversyresolution and right preservation during judicial application. Finally, in the fourth part,the writer proposes ideas about the application of the article122in the New CivilProcedure Law, mainly from the aspects of basic principles of mediation-first system,sphere of application, judicial procedures and incentive mechanism.