Research On Pre-mediation Of Family-related Dispute System In The United Kingdom

Pre-mediation of family-related dispute system in the United Kingdom is a kind of dispute resolution mechanism developed in Britain since the number of family-related disputes are exploding and accumulating,which can alleviate the dilemma resulted from numerous family-related disputes cases and insufficient judicial resources and dissolve the disputes by aiming at family-related disputes characteristics.Despite certain types of family-related dispute and special circumstances,before filing disputes to the court,the mechanism requires the parties of family dispute to participate in the family mediation information and assessment meeting held by authorized family mediators and thereinafter decide the type of methods to resolve family-related disputes.The Pre-mediation of family-related dispute system in the United Kingdom has its own system characteristics,of which the most obvious is the voluntary principle that is different from general mediation,and after decades of development,it has produced a series of supporting mechanisms to help expand the scope of the pre-mediation system and the public recognition of the system,such as fee punishment,professional field diversification of mediator,etc.,Nevertheless,there is no perfect system,and the Pre-mediation of family-related dispute system in the United Kingdom also has its difficulties and shortcomings in operationIn recent years,China owns social and economic rapid development,however,interpersonal relationship is also frequently conflicted,especially among family members,which is not only increasing in number,but also mixed with various factors such as emotion,resulting in the slowness of the judicial process to resolve this type of disputes.In this respect,China and the United Kingdom have a lot in common Also China has some similar trials of judicial practice,but there is no perfect and efficient judicial system to regulate and guide,hence,the study of the Pre-mediation of family-related dispute system in the United Kingdom has some certain positive significance for the relevant judicial field in China.on the basis of reading a large number of domestic related literature,I found the researches on Pre-mediation of family-related dispute system in the United Kingdom were mostly just mentioned incidently on the course of studying other judicial fields,or although this system is described throughout whole essay,it is not comprehensive,so I want to be able to take this paper to study the relevant judicial system and has certain positive meaning of promoting relevant system in our countryThis paper consists of six parts:the first part is the introduction.The second part mainly introduces the background of the Pre-mediation of family-related dispute system in the United Kingdom,and analyzes its historical,social and legal reasons The third part mainly introduces the characteristics and operation of the Pre-mediation of family-related dispute system in the United Kingdom,which is analyzed in detail from four aspects including the system characteristics,the application scope of the system,the initiation of mediation procedures,the way of mediation.The four part is about the systems related of the Pre-mediation of family-related dispute system in the United Kingdom,which mainly consists of three systems:the system of mediators,the system of mediation fees and the system of interconnection of litigation and mediation.The fifth part mainly analyzes the implementation of the Pre-mediation of family-related dispute system in the United Kingdom and reference thereof.The paper analyzes in two aspects:the implementation of the status quo and problems in the United Kingdom and the reference for china.For the former,the British society still needs to enhance the social recognition of the pre-mediation system for family disputes,and the application scope is slightly narrow and so on.For the latter,in China,the mediation system and the court system should be relatively independent,and the application scope of mediation should be expanded,etc.The sixth part is the conclusion.