Position Of Judge's Role In Litigation Mediation

Mediation, as an important means to settle disputes ever from ancient China, features profound historical and cultural deposits; and litigation mediation, as a litigation system with Chinese characteristics, since the mediation decision reached therefrom is of imperative enforceability, occupies an outstanding place in the mediation system, therefore, it's a subject of great significance in the research of civil action theories as well as an essential part of the judicial practice of China's civil action. However, due to the presence of problems such as"interceding"judgment, etc., the"fairness and efficiency"of litigation mediation is seriously affected. Thus, how to position the judge properly in the litigation mediation is the basis to reform and improve the mediation system of the court. In this paper, the author tries to review and define the position of the role of judge in litigation mediation by carrying out research on the traditional mediation of China and the current litigation mediation, and by comparing with foreign systems, aiming to assist in building up a scientific and reasonable litigation mediation system.