The Connection Of Civil Judicial Mediation And Social Mediation

The connection of civil judicial mediation and social mediation is a new thing of judiciary inresend years.“complaint” refers to the litigation,“transfer” refers to the mediation, Thecombination of judicial mediation and social mediation refers to the the docking of the litigationand mediation. It produced in the background of easing the court proceedings pressure, creatingdiversified resolves dispute mechanism, and promoting a harmonious society. The courts explorethe pre-litigation mediation, commissioned mediation, and helping mediation according to theactual local situation in the ease of basic law prescribed. The article focus on the courts’ practicemode, and point out the many problems in the course of practice.The first part of this article tells the background of The combination of judicial mediation andsocial mediation: easing the court proceedings pressure, creating diversified resolves disputemechanism, and promoting a harmonious society.The second part of this article focus on the courts’ practice. the program docking: Pre-litigation mediation, Commissioned mediation and helping mediation. the effectiveness of thelawsuit and mediation-judicial confirmation.The third part of this article focus on the problems.The problems are mainly related toinadequate legislation, the system is not uniform, the docking is not smooth enough, and themediation lacks of procedural norms.The forth part of this article this article discusses how to solve the problem in the practice ofthe combination of judicial mediation and social mediation. First, improve the procedures dockingmechanism, how to regulate the process of mediation before litigation is the key to systemconstruction. Second, the improvement of the effectiveness of the docking mechanism includes thelegal nature of the judicial confirmation, the start, the scope of the review, the relief procedures andso on. Furthermore, specific measures should be taken, such as strengthening the leadership ofParty committees, the cooperation of various departments, ensuring funding and the staff ofmediation and so on.