Research On Socialization Of Divorce Mediation

The Consumer The coexistence of challenges and opportunities is a distinguished feature of the current period of social transition in China.The social division of labor is constantly specified with our social structure evolved,while less intimacy among family members can be noticed day by day,which has led to increased uncertainty for divorcement.Since family is regarded as the constituent cell of society,the emergence of marital affairs and family conflicts present a soaring trend with diversified types,and divorce cases also boosted.Consequently,people’s courts are overwhelmed with litigation within a more strained capacity of handling cases.Given the internal contradiction between new requirements of family justice and the urging innovation of the existing case trial system that is low-efficient,it can be noticed that in normal trial procedure the judge pays little attention to the repair of family relationship and the emotional issues behind the disputes between two parties,which is based on the research on current dispose of divorce cases.Instead,the judge focuses more on property division and children’s custody according to evidence provided by both parties.In handling divorce cases,it is suggestive to adopt a non-adversarial dispute resolution mechanism.Repairing the damaged and tense husband-wife relationship and creating a positive communication environment for two parties are helpful to put down the attitude of tit for tat.When trying to make a calm and easy communication,it can reach the greatest extent to ease contradictions and disputes between both sides and to maintain the physical and mental health of their children.As an alternative divorce case handling approach under the dispute resolution mechanism,social mediation has registered advantages in easing tension during communication,alleviating workload for judicial departments,lowering client’s litigation cost,improving dispute resolution efficiency,and vitalizing social capability in dispute resolution.Social mediation should be applied in divorce cases,which contributes to optimizing every possible repair,allocating case pressure,and conducting resolution at a relatively relaxed atmosphere.When mediating divorce cases with the help of socialized power,it is crucial to grasp the particularity of each cases and pay attention to emotional and legal connection between both parties to improve the possibility of emotional fix.Even though it is unable to fix the case,try to avoid conflicts and emotional confrontation as much as possible.All over the country has attached great importance to the pilot reform of family trial,coalesced with an appreciation of social mediation seen in many judicial documents,which indeed provides a good opportunity for the popularization of social mediation used in divorce cases.While grasping the opportunity of the development of social mediation,it is important to realize that the function of social mediation still needs improvement as problems constantly emerge in real implementation.Assisted mediation,delegated mediation and appointed mediation,which are the three main social mediation approaches,have been used in the whole trial process,but in real application,it entails more effort to determine mediation approach,mediation delegation as well as further standardizing mediation period.To fully realize application of the divorce case mediation mechanism,it is necessary to categorize in detailed disputes involved in all divorce cases,to determine mediation delegation according to dispute types,construct an elite team of mediator,consider mediator quality,and expand platforms for dispute resolution of all types.It is equally significant to set rules and supervision system that ensure effective mediation,to improve divorce mediation agreement that can be incorporated into wider case processing.