Research On Civil Pre-litigation Mediation System Under The Background Of One-stop Pluralistic Dispute Resolution

With the rapid development of my country’s social economy,"litigation explosion" has become an indisputable fact.Civil pre-litigation mediation,as one of multiple dispute resolution methods,was originally a working mechanism to improve the efficiency of dispute resolution,reduce the burden of litigation on the part of the parties,and promote social stability.This mechanism not only contains the Chinese cultural spirit of "harmony is precious",but also inherits the mediation experience passed down from generation to generation.The Civil Procedure Law of 2012 established first-hand mediation as a legal system,which provided a legal basis for the operation of the pre-litigation mediation mechanism.It can be said that the pre-litigation mediation system has alleviated the conflicts between people and cases in the courts to a certain extent.In the context of the new era,the main contradictions in our country have changed.The people’s courts not only shoulder the burden of resolving social contradictions,but also meet the people’s growing demand for multiple ways of resolving disputes.The construction of the one-stop multi-dispute resolution mechanism and the one-stop litigation service center is to put the non-litigation dispute resolution mechanism in the forefront,providing the people with menu-type,intensive and one-stop services.Innovative development brings opportunities.Relying on the one-stop litigation service center,the pre-litigation mediation system strengthens the linkage between the parties who understand the disputes,and resolves a large number of conflicts and disputes before the litigation and resolves the litigation through the pre-mediation procedure,so as to realize the governance of the litigation source.However,due to insufficient legislative provisions and too scattered judicial interpretative documents,there are still many problems in the judicial practice of the pre-litigation mediation system,resulting in the low credibility of the system and the lack of its due institutional advantages.This article intends to sort out the legislative process and reform process of the existing pre-litigation mediation system,based on the current situation of the practice of the pre-litigation mediation system in the construction of one-stop platform,and analyze the main reasons for the existence of pre-litigation mediation under the background of one-stop multi-dispute resolution.problems,including the vagueness of the applicable legal basis,the insufficient standardization of mediation procedures,and the inefficiency of mediation.It also proposed to improve the legal basis for the application of the pre-litigation mediation system on the basis of inheriting and developing local mediation experience,clarifying the time limit of the pre-litigation mediation system,the legal effect of the mediation agreement and the connection of procedures,and strengthening the prevention of false mediation and the team of mediators.construction.