The Research About Court-Annexed Mediation In United State

In the 1970 s,Frank Sander who is a professor of law at Harvard University,proposed the concept of the "multi-door court" for the first time.Then the court has been used ADR procedures to resolve disputes,the court-annexed ADR in just a few decades gradually developed.With the development of court-annexed ADR,court-annexed mediation has been consummated that plays a crucial role in the dispute settlement process.The development of court-annexed mediation has undergone a shift of attitudes that have been excluded to vigorously promoted in the United States.Court-annexed mediation used by the rest of the world court mediation system reform reference.Quasi judicial,autonomy of will and other ideals exist throughout the mediation.Mediation which attached to the court endue mediation a quasi-judicial.Allowing the parties to design their own procedures,it gives the parties the right of self-determination in a greater degree of realization.According to the regulations of the state,mediator of the court-annexed mediation in the United States as a bridge of communication between the parties,their professional qualifications and the industry ethics are different.The requirements of the mediator is getting higher and higher,in addition to education,experience,etc.,the party’s preference for mediators also depends on the details of their dress,style of conversation.Court-annexed mediation in the United States in promoting the dispute resolved smoothly,at the same time,we can not ignore the problems of its existence.The weak party may be forced form the party in a strong position,who could be in non voluntary concessions to reach agreement.In other words,the United States Court annexed mediation also has the disadvantage of unfair results.This point should be vigilant for the mediation of flooding in China.Flexibility is the typical characteristic of mediation from litigation.Each court has its own characteristics for the application of court-annexed mediation.Only in accordance with local conditions,court-annexed mediation will has vitality.Chinese judicial reform is imminent,in the context of Chinese,we interpret the United States court-annexed mediation to provide reference for Chinese court mediation reform.