The Court Mediation System

The court mediation institution is very important in our lawsuit system. It has long been the preferential means for both litigants and judges to settle civil disputes and handle cases. However, with the development of the economy and people's legal awareness, the court mediation institution begins to show its own defects when it still take up a high using rate in the settling of cases, which is drawing more and more attention from different fields. So it is necessary to reconstruct the judicial mediation system and it also represents the reform of China's civil trial structure.The thesis can be divided into four parts.Part One: It introduces the definition, features, nature, functions and the historical transformation of the court mediation institution in China. Through the analysis and evaluation, we have a deeper understanding of the important roles of the court mediation, which provides the theoretical basis for further perfecting the court mediation system to some extent.Part Two: to provide some references for our future reform by comparing our institution with that of developed countries such as USA, Germany, Japan and that of Taiwan.Part Three: the analysis of legal dilemma of the court mediation system from the aspects of intrinsic defects and external operation errors, through the overview of current court mediation institution in China.Part Four: suggestions on the establishment of new court mediation system. The author lists some typical viewpoints. And three suggestions are put forward to improve the institution: substituting litigation settlement for current mediation institution, perfecting non-litigation mediation institution and endowing the parties with the right of choice of dispute settlement.