On The Court Mediation System Development And Improvement

Mediation is a traditional dispute resolution in China, which has played an irreplaceable role in settling all kinds of disputes throughout history. Among different types of mediation, court mediation and its typical development process have been paid much attention by both legislative and law enforcement organs. During the past three decades, court mediation system has gone through an ever-changing path. The judicial policy of court mediation system has been changed once and again. Challenges and difficulties are always coming along the development of the system. As a system with such a long and uncommon history, court mediation has drawn a lot of attention from scholars. The aim of this paper is to discuss the development and perfection of the court mediation system in China.This paper is divided into five parts. Beginning with the introduction of the concept, functions and advantages of the court mediation system, the paper then concentrates on the explanation of the unique development process of the system. After introducing the similar systems of other region and countries and comparing those systems with our court mediation system, the drawbacks of China's court mediation system are exposed and ways of perfection are submitted in the last part of the paper.Chapter I. The first part of this paper is a brief introduction of the court mediation system, including its concept, functions and advantages. As a dispute resolution, which exists for a long time, court mediation system compared with other resolutions must have its particular functions and advantages. These functions and advantages turn out to be the reasons why court mediation is a favorable choice for litigants.Chapter II. This part introduces the development process of the court mediation system in China. After a brief introduction of the system's history, the author thoroughly analyzes the development process of the system. Moreover further discussion concerning the changes of judicial policy of the system is specially included in this part. Among all, the background and understanding of the latest change of the judicial policy is particularly emphasized.Chapter III. The third part includes introduction of the similar systems in other countries and comparison between those systems and court mediation system in China.