Of Court-annexed Mediation Before Litigation

Pre-litigation court-annexed mediation, is a new dispute resolution produce in the background of building a harmonious society, which optimizationed traditional dispute resolutions and morden judicial resources. The first chapter clarifies pre-litigation court-annexed mediation refers to after the disputes be sued and before be accepted by the court, or before prosecution the parties choose voluntarily or court pursuant by authority, arrangement the disputes be mediated by the pre-litigation court-annexed mediation organization. Then the paper analysis that pre-litigation court-annexed mediation in essence belongs to non-litigation meditation, it have respects for protecting the procedure option rights, protecting the interests of the parties,reducing court pressure, saving court resources and settling disputes harmonious,and so on.The second chapter, base on the reasearch of The United States, Japan and China Taiwan's pre-litigation court-annexed mediation, summarizing the useful references for our practice. The third chapter investigates typical practice of pre-litigation court-annexed mediation in Shanghai pudong court,Shanghai changning court, changzhou xinbei court, suzhou wuzhong court,then clarifies the advantages and disadvantages of the mechanism. The last chapter,bases on the problems, puts forward that we should set up the organization reasonably, expansion types of the mediation organization, clearing the scope of acception, standardize mediation start procedure, playing the value of part-time mediators,for perfect the pre-litigation court-annexed mediation.