Mediation System

Mediation is the development of society resulting from a dispute resolution, and with the development of society and continue to develop. After China's mediation system, prosperity, recession phase, now in the recovery period. And reconstruction is not simple, but for the mediation of our former system to their dross and select the essence of a revival. For mediation after register is in the reconstruction process in an important system.At this stage, all over the court system have implemented mediation after register, as the reform and improvement, achieved great results of the mediation of the court system. However, in practice, because there is no uniform law, mediation after register in the understanding and application process produced some confusion. Based on the above, this paper clearly defines the concept of mediation after register, on the basis of demonstrated need for the establishment of mediation after register, and feasibility of, certainly the mediation after register is the judicial practice in a major innovation. Finally, by contacting the actual situation of our country, learning from foreign experience some of the successful mediation, the mediation after register of our filing system set up to make some suggestions to look forward to mediation after register in China's successful development practice. This article is divided into five parts: The first part of the mediation after register in the concept of clearly defined, based on the content of mediation after register, analyzed. Analysis of mediation after register produced the revival of the court mediation, court mediation mechanism to make up for the operation of the existing shortcomings and theoretical circles in the promotion of the interaction of these three reasons for the results. Also introduced two of the existing mediation after register model, compare the two models to analyze the strengths and weaknesses, highlighting the need for China to establish filing system for court mediation conciliation, court conciliation commission, inviting mediation together.The second part is the mediation after register in practice, the running of the investigation, confirmed the operation of mediation after register the results (pressure relief trial, in line with the requirements of a harmonious society), Pointed out that as China's mediation after register system is not unified on the filing requirements, all over the court on their own way, leading to the operation of trial court mediation in practice have a lot of deficiencies.The third part demonstrates the practice of our legislative system is based on the establishment of mediation after register; Both from the theoretical level or in terms of practical experience, mediation after register in our country have been nurtured its soil, coupled with the needs of its judicial practice, it is imperative to establish mediation after register system.The fourth part is the national phase filing an introduction to the practice of mediation, and conciliation States and China to make the difference between the system analysis to identify what experience is worth our reference, and which is not suitable for China's actual practice .The fifth part is the current situation in our country, after analyzing some successful experiences from abroad, the establishment of mediation after register system in China to make some recommendations. This part is the end result, focusing on the program adhere to the basic right to protection of the clients and the right to choose, based on the establishment of mediation after register system, the parties agree to re-embody the essence of the mediation.