A New Approach To Construction Of The Mediation System

“Mediation”is a frequently seen word in the context of the Chinese judicial system. Mediation seems to be able to provide the kind of resources and opportunities for every interested party or subject, be it a legislative. judicial or administrative authority or a private party that is supposed to derive benefits from the system, to realize its subjective value goals. In terms of regulatory meaningfulness, however, a pan-social concept and the systemic design thereunder that accommodate the value pursuits of multiple subjects should be viewed with doubts. Active discussions and legislative activities surrounding mediation should not be considered equivalent to constructiveness simply because mediation, a product that has been endowed with important judicial functions, possesses transcendental empiricism features and traditional“advantages”and tends to help resolve the difficulties with the current judicial system reform efforts. In fact, the proper construction of a system or of the value system behind it often relies on the delicate balance between theory constructions and realization of instrumental objectives.The author believes on the basis of this presumption that, in order for mediation to become an essential component to the multi-facet dispute resolution mechanism and to make use of its normalized systemic regulatory functions, we need to re-visit and inspect the current basic theories for mediation and to reconstruct its systemic content. For this purpose, this article aims to advance preliminary thoughts on the legislation and normalization of mediation from the following four perspectives: re-shaping and re-positioning the concept of mediation, re-visit and inspection of the identity of mediation moderators, procedures and rules for mediation, and reconstruction of effectiveness of mediation. On the premises of the foregoing, the author attempts to construct a normalization-oriented mediation system, to realize the transition from the traditional and complex morality-based mediation approach to the new, convenient and normalized legal mediation, and to enhance the normalization and judicial functionality of the mediation system without losing its advantages of diversity, flexibility and convenience, so that a third constructive judicial method may be realized in addition to litigation and arbitration.