Research On The Practice Exploration And Model Selection Of The Court Mediation System

The civil court mediation system is the typical system with Chinese characteristics, having a long history of tradition and the legal basis for a wide range of community and being much concerned by the academics. The paper focuses on the revival of the court mediation system in both the legislation and practice in the country based on the brief review of the court mediation system, evaluation of history and the relevant theories, and further analyzes the legislative and judicial deficiencies and defects of the current court mediation system on the basis of the real practice. The paper also attempts to select the right model and establishes the relatively independent court mediation procedure within the existing framework with the reference of the successful ADR model.This paper is divided into four chapters and the basic structure is as follows:Chapter One, Introduction. This section briefly sets out the background to the study, the purpose and the significance of content. The second chapter, with an overview of the court mediation system, first briefly explains the meaning, nature and history of court mediation, followed by the sorting out and assessing the main theories on this subject. Chapter Three, titled as the New Exploration of the Court Mediation System, provides the analysis of the legislation on the court mediation system, then further selects part of the new practices of the court mediation system in Beijing and further gives the analysis. Chapter Four, with the main content of the analysis and model selection of the court mediation system, discusses further about the major legislative and judicial deficiencies and defects based on the above chapters, followed by the relevant comments in light of the specific national and regional patterns of judicial ADR and draws on its successful experience. Finally, the paper provides the possible approaches of the court mediation system on the comprehensive basis of the previously discussed chapters, and tries to outline the appropriate system procedures, with the hope to be assisting of the reform and improvement of the court mediation system in the country.