| The system of entrusted mediation is a non-litigation dispute resolution system, which is meaningful to getting the courts relieved from the tremendous amount of cases and lowing the parties’cost of dispute resolution. However, there are many characters in practice that restrict its development, so it is necessary to do a research on the entrusted mediation to theoretically support the improvement of the entrusted mediation system.The author explores the entrusted mediation system from the following aspects:The first part mainly focuses on the basic theory of entrusted mediation, introduces the concept and characteristics of the entrusted mediation, makes a comparison between the entrusted mediation and litigation mediation and the people’s mediation respectively to determine the nature of entrusted mediation and also introduce the practical functions of the system of entrusted mediation to know the practical reasons to develop the system of entrusted system.The second part mainly focuses on make a comparative research on French court mediation, Japanese court reconciliation, American court mediation, Canadian court mediation and Taiwan court attached mediation with the intention to give some inspiration to the development of Chinese entrusted mediation.The third part mainly conducts an analysis of the current situation of Chinese legislation and practical model of entrusted mediation and locates the problems existing at the practical and legislative levels to understand what the picture is alike now and how to improve correspondingly.The fourth part, aiming at solving the existing practical and theoretical problems of entrusted mediation, provides some suggestions on the improvement of Chinese entrusted mediation system, e.g. raising the level of legislation, regulating the group of mediators, defining the scope of cases entrusted for mediation and improving the procedures of entrusted mediation to help the perfection of Chinese court entrusted mediation system to some extent. |
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