Analysis On The Non-legalization Of Court Mediation

Court mediation in judicial practice has been widely used, its resolve to play an important role in the dispute, but there are a number of issues.These issues may affect the implementation of the principle of mediation and the fair of implementation.To this end I start from the principle of mediation, focusing on analysis of non-legalization phenomenon of the court mediation.There are three important principles in the court mediation, they are voluntary principle, and to ascertain the facts, distinguish right from wrong principles and legal principles. If contrary to ascertain the facts, distinguish right from wrong principles, That is, in the case of non-exact information mediation, at this point, the parties do not understand the truth, the choices made by the parties in the lack of meaning of true representation contrary to the parties to the Voluntary Principles.I put it in the court mediation analysis which is no longer a separate discussion regarding voluntary.Therefore,the voluntary principle and the principle of legality are two major aspects discussed about the non-legalization phenomenon of the court mediation, I also discussed the efficiency of mediation and the reasons of the popularization of mediation, plus giving some outlook to the legalization of mediation,in the last part, I give a comprehensive analysis of the non-legalization of mediation.The first part of this paper is to analyze the voluntary nature of court mediation, pointed out that there may be situations that run counter to the principle of voluntariness.I first talked about the signs of the individual factors which are magnified. The using of the law appears missing,it means that personal factors have been strengthened, therefore,a variety of unequal factor play an important role, the drawbacks of the rule of man will be easy to highlight.Then,I analyzes two aspects of inequality, which is between the parties and the court between the parties.Inequality of status between the parties as well as between the parties with the judge,are Important factors which cause the Involuntarily in the mediation. If the unequal status, then there is the party of its own position advantage may cause unfavorable to the other.The two sides is not based on conditions of equality under the table meaning, It may appear unfair.Involuntary, in fact, reflect the fair a form of its own, of course, but also violated the mediation of the voluntary principle.The second part of the paper mainly analyzes the legitimacy of the court mediation, that may exist to the case contrary to the principle of legality.Legitimacy is one of the important principles of the court mediation, If relaxing the using of the law, mediation is likely to lose the legitimacy due to the lack of support of the law and easy to cause inequitable handling of disputes, and not conducive to protecting the legitimate rights of the parties, may also weaken the authority of the law.This part has talked about the using of standards of justice are random and the mediation process is arbitrary and sometimes the factors to be considered in the mediation is irrelevant and the disposition of the parties is inappropriate.The third part of this article analyzed the efficiency of the mediation.Through a series of expositions, we can see that the principles of mediation by a certain degree of challenge.Mediation is so respected is likely to be the mediation function of the efficient handling of disputes, however, this author does not agree, mediation is not imaginary efficiency.The fourth part of this article summarized the possible causes of universalization of the court mediation, including the traditional cultural, political as well as the promotion of active judicial.The fifth part are the conclusions.I give some outlook about the legalization of court mediation, and also give some conclusions on a series of analyzes carried out on the court mediation.