Research On The Law Of Large Mediation

Our country is in the period of social transition, which social conflicts occur frequently, in such a period, the subject of dispute resolution become more and more diversified, and the contents become more and more wide-ranged, meanwhile, the manifestations are tend to be more and more drastic and collectivized. Widely disputes contents, and forms of disputes are more and more fierce, community. However, the disputes settlement mechanism is relatively lag behind; the existing disputes settlement mechanism is weak in coping with disputes which always being complexed, collectivized and gusty. Exploring diversified ways to resolve disputes is very meaningful to improve the efficiency of solving disputes, resolve social conflicts, adjust social relations, realize stable social order, and build a more harmonious society. In this context, "multipartite mediation" mechanism comes into being. However, although many scholars have carried on researches and discussions on "multipartite mediation" mechanism since its birth, on the one hand, the scholars haven’t clearly defined the concept and characteristics; On the other hand, they have not distinguished "multipartite mediation" mechanism with other forms of mediation, nor put forward suggestions on legislation from the perspective of legislative promotion.The analysis of "multipartite mediation" mechanism is based on previous studies from both theoretical and practical aspects. On this basis, this paper makes legislative proposals and specific measures in order to promote legislation, have rational allocation of resources of mediation, and resolve disputes. This paper is divided into three parts:the first part is the overview of the "multipartite mediation". At the beginning of the first part, it analyze the concept of "multipartite mediation" from the broad and narrow point of view, and then prove the character of it is a way to settle disputes, finally it makes an analysis on the differences between the "multipartite mediation" and other forms of mediation. The second part combined with the practice of Songxi County, Longhai City of Fujian Province, discussing which practice of the "multipartite mediation" in Longhai and Songxi can be used for references, in addition it analyzes the disadvantages of them. At last of this part, the author makes suggestions on enact a unified "mediation law" or similar legal regime in legislation, and points out that the main goal for legislation is to resolve disputes. The third part analyzes how to build the "multipartite mediation" specifically from the aspects of institution-building, system construction, and the effectiveness and security of the mediation agreement, in order to provide references for legislation, and to achieve the standardization, institutionalization and legalization of it.