Separation Of Mediation And Trial

The mode of "combination of mediation and trial" has been increasingly subject to criticism since 1950s. When Supreme Court of China announced the judicial policy of "priority of mediation, combination of trial and mediation", this policy was disputed. In practice, this mode makes the judge’s identity vague, causing the coerced mediation, induced mediation and delayed mediation.Although mediation and trial are methods to resolve the civil and commercial dispute, there are much difference between mediation and trial.Separating mediation and trial properly is able to respect the parties will, to resolve conflicts, to balance the supply and demand of judicial service, and to maintain the authority of judicial organs. Separation of mediation and trial is an important topic to advance judicial reform in China further. Based on the study on comparative legislation in foreign countries and regional pilot projects in China, this paper analyzed the mode, performance and question, and clarified the important elements of separation of mediation and trial, such as the mode, procedure, personnel.