A Research On High Implementation Rate Of Court Meditation Cases

Court mediation, rooted in Chinese historical and cultural tradition and proved by long-term judicial practice, is an effective way of resolving disputes, and it is consistent with the common values and the litigation consciousness of the people. Whereas in the judicial practice, plenty of court mediation cases enter the implementation procedures, which subvert the comparative advantages of mediation and violate the initial purpose of the court mediation system. There are profound and complex reasons. Firstly, there are institutional reasons. The discrete of mediation and implementation results in judge’s less attention to performance; court mediation is wanting in due procedure, supervision channel and relief approach. Secondly, as for the court, the examination and evaluation system is unreasonable; the advantage of mediation and the huge pressure on judicial trial impel judges to be happy to choose mediation; the low professional quality and the aging effect propel the adoption of mediation. What’s more, in terms of the person concerned, the major reason is the weak legal consciousness of the party and the vicious conciliation of the debtor. Therefore, the effective countermeasures systematically and technically stopping court mediation cases from entering implementation procedure are as following:improving related systems of court mediation, perfecting working mechanism of mediation of the court, enhancing legal consciousness of the party, setting up rules for promoting the performance of mediation.