Research On The Mode Of Civil Court Mediation In Our Country

The mode of court mediation is a topic on the general research of court mediation, this essay is based on two modes of the relationship between court mediation and trial, and then, contrast the mode of court mediation of different countries and regions, from introducing the status in our country and analyzing the necessity and feasibility of the separation between mediation and trial in the reform of court mediation, put forward some suggestions about the principle and direction to rebuild and perfect the system. In this way, the relationship between court mediation and trial will be reasonable, and then both of them will play its role.This essay introduces two different kinds of the mode of court mediation:the fusing of mediation and trial, another, the separation between mediation and trial and then, generally analysis the different characteristic of them, contrast the advantage and disadvantage of them, combs the focus of them. In this way, we can have an overview of different operation modes of them. Then I make a comparative analysis of the mode of court mediation. It mainly explores the operation modes in different countries and regions. From a comparative analysis of America, Germany, France, Japan and Taiwan province of China, we can generalize the mode of court mediation, we can get a recognition of the status and the efficiency of its system, discover the advantage of its system. In this way, we can offer a template for the reform of court mediation in our country. At the same time, in thinking about the characteristic of the mode of court mediation and the status of this system, I put forward the problems in judicial practice to ensure the target of the reform. From that, the rebuilding of the mode of court mediation will be more targeted and motivated. And then, I demonstrate the condition and advantage in putting the separation mode of mediation and trail into practice, demonstrate the representation of the necessity. At last, I put forward some suggestions about the way to realize separating mediation and trial, and then perfect some relative systems under this mode.