Analysis On The Formation Of Litigation Mediation Agreement

There are many ways to settle disputes,and mediation is one of them.Litigation mediation is an important component of mediation and has been widely used in practice.This article mainly analyzes the formation of the consensus in the litigation mediation,and takes the mediation of the award dispute case by the Chinese woman judge Songyushui as the model,the purpose of this article is to discuss the concrete situation in the formation of the litigant's agreement in the lawsuit mediation.The first part of this article revolves around the lawsuit mediation,and carries on the analysis from three aspects of the value,the structure and the function.The analysis of value mainly revolves around the three major values of freedom,efficiency and justice;Functional analysis is consistent with value,It focuses on Mediation and judicial analysis in two aspects;An analysis of the structure of litigation mediation,mainly from the whole and part,horizontal and vertical two aspects of litigation mediation analysis.The second part mainly focuses on the constitutive factors of litigation mediation.First,it explains the consensus,and then analyzes the factors that influence the formation of the parties' agreement from different angles.The formation of consensus depends on subject factors,objective environment and dispute types.The main factors include the parties and the neutral third parties,in which the interests and motives of the participating parties have an impact on the formation of the consensus.The objective environment is analyzed from the society and the system of agreement.Disputes type will be suitable for the settlement of disputes.The third part mainly analyzes the formation process of consensus,the strategy focuses on the subjects of dispute how to cooperation from self-interest,judge led prominent judge in the lawsuit mediation,their experience and skills to play in the role of the parties,the social environment factor from the judicial policy and public opinion of this consensus forming parties in strategy selection the judge and guide the impact on the last one trial mode to discuss,analysis its influence on the formation of consensus.The fourth part focuses on the problems arising from the formation of the consensus of litigation mediation,that is,the unavoidable mandatory problem of mediation,What constraints a judge should have on his or her actions in mediation,How to exert its initiative and bring about adverse effects to the parties,and put forward relevant suggestions from two aspects of system and procedure.The formation of the agreement lies in the parties,not only the choice of procedure is decided by the parties themselves,but also the final decision of the solution is decided by the parties concerned.It can be said that the legitimacy of dispute resolution depends on the voluntary consensus formed by the parties.But in practice,it is restricted by the current trial pattern,the formation of consensus is faced with varying degrees of compulsion,forced consensus hides different levels of crisis,not only will it cause damage to the litigant's right,but also bring unfavorable influence to the construction of the rule of law.Therefore,it is necessary to make corresponding arrangements in the system and procedure in order to promote the voluntary consensus formed by the parties.Only in this way can the environment that provides a free environment for consensus can be brought into full play.