On Pre-action Mediation

With the development of economy and society, it becomes more and more frequent for the friction between people. The civil cases are characterized not only by explosive growth in quantity, but also by the diversity and complication in type. The litigation system is getting increasingly familiar with people, but its limitations are also obvious. In order to make up the deficiency of litigation system, to meet the needs of multiplex dispute resolution, and to reasonably allocate and use the scarce judicial resources, many countries have also allowed to use many different kinds of way , such as ADR (alternative dispute resolution) to settle disputes, including mediation, arbitration and so on. At present, it is not to be understood deeply for legal construction in our country. Instead of establishing the independent status of judge and court, it is keen in our country to strengthen litigation mediation system and enlarge the social function of mediation unlimitedly, trying to build up the inside "mediation nets", including judicial, administrative and self- governing organizations, and to settle all the disputes. These practices are unrealistic and even serious threat to our legal construction.In view of the phenomenon, combining with the current practices of pre-action mediation in some area of our country, the author tries to design a kind of system of pre-action mediation in legal perspective, through the research of overseas system of pre-action. The design of pre-action is not to abolish the inside mediation, but to supplement and perfect the current the system of mediation in our country. The author has reason enough to believe that the design of pre-action system, which bases on the practice of our country and takes foreign advanced judicial legal theory and experience, will help relieve the growing social contradictions. In order to meet the judicial needs of parties and to alleviate the pressure of proceedings explosion and petition system, it would be a realistic way to promote the diversity and legalization of dispute resolution mechanism.