Study On The Mediation System Of Family Dispute Litigation

Litigation mediation in family disputes refers to mediation for family disputes in which the court plays a leading role,which has the characteristics of non-adversarial,voluntary and neutral.Compared with ordinary civil disputes,family disputes are characterized by public interest,ethical affinity and privacy,so the best way to deal with such disputes is litigation mediation compared with trial.And the current number of family dispute cases is increasing day by day,making the already strained judicial resources face a greater burden.Although in July 2018,the Supreme People’s Court issued the "Opinions on Further Deepening the Reform of Family Trial Methods and Working Mechanisms(for Trial Implementation)",which summarizes the valuable experience of pilot grassroots courts in practice,practice shows that there is still room for improvement in our national litigation mediation system for family disputes,such as the lack of a specialized litigation mediation institution for family disputes,the pre-litigation mediation system for family disputes has not yet been However,practice shows that our national litigation mediation system still needs to be improved,such as the lack of a special institution for litigation mediation of family disputes,the pre-litigation mediation system of family disputes has not been truly established,and the mechanism of mediation is not perfect.The effective implementation of mediation in family dispute litigation will largely alleviate the heavy burden faced by domestic family dispute litigation at this stage and better resolve family disputes,which is of great significance for in-depth discussion.This paper summarizes the problems of China’s current family dispute litigation mediation system by analyzing the basic theories of family disputes and the family litigation mediation system,combining some shortcomings in legislation and judicial practice,and then summarizes the results of practical exploration of some pilot courts,and appropriately draws on overseas experience to make recommendations on the existing problems,with a view to improving China’s family dispute litigation mediation system and alleviating the burden of family disputes.The system of mediation in family disputes in China can be more perfect and help to relieve the pressure of litigation in family disputes.