Comparative Study On The Court Mediation System Between Mainland And Taiwan

Known as the "Oriental Experience",the court mediation system plays an important role in the area of civil procedure litigation, the court has the advantage of resolving civil disputes by mediation, and it helps the judge reduce pressure etc.Court mediation has been famous in mainland China for nearly a decade,a lot of problems hide behind the court mediation,it is in great need of academic and practical learners to make a cold think on the mediation "hot ". Taiwan has a similar civil litigation system with mainland China, the Civil Procedure Law of Taiwan has been made perfectly through several revisions,the court mediation system of Taiwan is also developed in the new era. Taiwan also faces excessive cases and judges’ working pressure, but the problems appears in mainland China’s court mediation, like mandatory mediation,infringe on litigants’ rights, didn’t appear frequently in Taiwan, as to the reasons, requiring to conduct a comprehensive comparison between mainland China’s mediation system and Taiwan,and exploring the differences in the design of two sides. The aim is to provide a useful reference for the reformation of the mainland’s court mediation system. This paper is divided into the following four parts:The main contents of the first section is providing the problem.As the court mediation plays a more important role in resolving the disputes,court mediation has become one of the primary means to handle disputes in China.The breadth and depth of court mediation is increasing,meanwhile,court mediation of mainland China has a lot of problems,you need to find some solutions;In Taiwan,courts also pay more and more attentions to court mediation,but the mainland’s problems can be better solved in Taiwan. How are the court mediation system designed as well as what can we learn from each other are the problems that we need to be solve in this article.The main contents of the second part is to compare court mediation system of two sides. At first,the court mediation history of both sides and the law of court mediation system are introduced,i put forward my point of view on the nodes of two sides’ history of court mediation, introduce the law of two sides by introducing the basic process of court mediation.including basic principals,the start,the process,the ending,the stage,priority mediation,prohibited mediation and the effect of mediation.The main content of the third section is making analysis and evaluation of the second section.Comparing two sides by the nature of the court mediation,the basic principals,the scope of the court mediation and the effectiveness etc,and divide each aspect into more parts and do further comparisons.This section presents the views of mainland’s learners and Taiwan’s learners, as well as internal disputes in two sides,and also it includes some views of author myself, with a hope to show differences of two sides in court mediation as much as possible.The main content of the fourth section is to learn from each other in the court mediation system. Taiwan’s effective court mediation system is worth to being learned by the mainland,the author puts forward somes measures that the mainland can learn from, including the "separation of judge and mediation " model can be introduced,the separate legislation of priority mediation,make sure judges could do the court mediation independently etc.I hope the mainland’s court mediation can be more perfect in the future.