| The special procedures of the Civil Procedure Law revised in2012added a new section, Application Confirmed Mediation Agreement, which systematically stated the scope of application, the qualification of applying subjects, the timetable of application, the jurisdiction of the courts and other issues in the judicial confirmation process of the mediation agreement. It indicates that the legislative mediation agreement in our country is formalized in judicial confirmation system. But this is just a framework. There are still some controversies in theory, let only issues in procedure design during practice. This thesis hopes to contribute to the theoretical development and procedure design improvement of this matter through discussion. This thesis proposes that the function of judicial confirmation is to convert those which are not suitable for execution into public documents which can be used as base for execution, to analyze whether they truly have res judicata and the substantial range of it, and then to further clarify whether the appeals which are filed after the judicial confirmation application of the concerned party is dismissed are about the mediation agreement or disputes existing before the mediation agreement. It proposes that the procedure should be designed to simple litigation process, and the verification of mediation agreement should include both written documents and verbal reviews. About the remedy of a third party, it proposes that the law in country should specify how to protect the rights of the third party if a third party disagrees with some of the terms in the judicial conformation before it is verified, or there is a stake in a legal dispute with a third party outside the case. In addition, it further states that the mediation agreement system in our country should have clear procedure design concerning the scope of the judicial confirmation process, the program initiation, the scope of the case and jurisdiction, procedures and other aspects of the withdrawal. |
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