Court Mediation Research

China is making efforts to reform her Justice system. The more paying much attention to the mediation proceedings, the more requirements is on reform of meditation. This paper analyzes the connotation and function of the court mediation system with clarifying the key elements of court mediation system, and focuses on the implementation of the Status and disadvantages of the Court Mediation System by comparative analysis of the advanced experience of the developed countries, and then makes a sound reform proposals about the Court Mediation System of China. The full-text is divided into four chapters:The first chapter concludes the concept and function of the court mediation system. The meaning, core values and the real functions of the court mediation system are summarized in this section. The function of the court mediation reflects the core values of freedom, justice and efficiency in the proceedings on the trial system.The second chapter is the statement of the relevant system at home and abroad. The chapter describes the similar contents of the court system in detail of Japan, the United States and Taiwan, and comparatively analysis the court mediation system which exists in the reform of local reference.The third section is about the Court Mediation System Status. This section firstly describes current system of regulation in the court mediation, combing its operation the court since the reform and opening up. In respect of the shortcomings of the Court Mediation System, the paper summarizes as:failing to implementation, bad confidentiality of mediation, expensive mediation costs and the right to appeal of parties restricted. The final chapter also explains the causes of defects.The fourth section states the reform and improvement of the Court Mediation System. The section analyzes several Programs made by the academic on its reform, for example, the complete denial theory, replacement of reconciliation, the theory emphasized the separation of the trial, etc. This paper proposes two ways on the Court Mediation system,namely,one is to strengthen the reconstruction of court mediation following the voluntary, confidentiality and the public principles; the other is to reform the reconstruction of the mediation process as described the followings:Constructing the independent conciliation proceedings, the separation of judges and mediation, remedying the defects of conciliation agreement and improving the delivery system of mediation, decreasing the fee charge of the mediation,etc.