Empirical Study On Pre-litigation Mediation

At present,China’s society is in the transitional period of development,and various social contradictions are becoming increasingly prominent.In addition,due to the rapid economic development and the diversification of people’s pursuit of interests and other factors,the original social development model and order are broken one by one.People in order to safeguard the legitimate rights and interests of their own,in other ways,it is difficult to effectively achieve its objective ultimately often choose to use the civil litigation rights in a way that,but so is bound to lead to a surge in court cognizance number,followed by the judge working pressure,shortage of judicial resources,the lawful rights and interests of the parties cannot be protected and a series of problems in a timely manner.As a new dispute resolution mechanism,mediation before litigation is still not mature in theory.The application of the program is still in the exploratory stage.As assistant to a judge,the author tries to explore the mode of the mediation before litigation to break the plight of the court,the mediation before litigation not only theory,but can actually work in the judicial practice,and then to court “burden”,also provide more choices for the parties rights relief channels.This paper mainly uses empirical research methods,from the basic theory of mediation before litigation,the “three-three system” in X city C county court dispute prevention and resolving mechanism as an example,through the “three-three system” run the case before the court mediation before and after contrast,highlighting the advantages of the “three-three system”,on this basis,combined with judicial practice summarizes the main problems facing China’s mediation before litigation,Then the reasons behind the problems are analyzed.Finally,based on the successful experience of the “three-three system” operation mode,several measures for the legalized operation of pre-lawsuit mediation are explored.The “three-three system” dispute prevention and resolution mechanism is an effective attempt to the pre-trial mediation.By referring to this operation mechanism,this paper explores several measures for the legalized operation of pre-trial mediation that are suitable for China’s judicial practice,which are as follows:To establish the operation principle of mediation before litigation,to clarify the scope of application of mediation before litigation,to improve the treatment of mediation personnel and increase the investment of funds,to improve the selection mechanism of mediation personnel,to prevent false mediation,to improve the procedure of filing.It is believed that through these measures,pre-litigation mediation can be applied more effectively,so as to realize the vision of saving judicial costs,alleviating judicial resource crisis and improving judicial credibility,and finally achieve the purpose of “source of litigation governance”.