| In recent years,courts all over China actively try to combine social mediation with judicial trial.Litigation mediation docking dispute resolution mechanism is a spontaneously formed and developed working mechanism in practice.Because of its unique two-way transfer function of mediation and litigation,social forces participate in the resolution of conflicts,realizing the complementary advantages of people’s mediation and judicial trial.This paper consists of four parts.The first part introduces the concept of litigation mediation docking from the perspective of mediation and judicial confirmation.Litigation mediation docking is literally the docking of litigation and mediation,which itself is not a clear legal concept.Its legal basis is the provisions of the Civil Procedure Law on the effectiveness of the mediation agreement in the mediation and civil special procedures.Practice shows that courts in different regions have established their own working mechanisms of litigation mediation docking according to the actual conditions.Although the working mechanisms of litigation mediation docking in different regions are not the same,their essence is the judicial guidance of court jurisdiction to social mediation.The second part is the research and analysis of the samples,summarizes the specific practices of the litigation mediation docking work of C District People’s Court of L City in 2020,and studies several important work indicators and contents through empirical analysis;The third part is about the problems existing in the operation of the mediation and docking mechanism in combination with the actual work,including the obstacles to obstructing the smooth flow of the complaint and the smooth flow,the reasons for the poor mediation effect before mediation and the three difficulties encountered when the mediation is carried out in a simplified way.The fourth part is the suggestions combined with the problems found,in order to help practice. |
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