On Online Mediation Before Civil Litigation

China implements the civil pre-litigation mediation system,that is,the court transfers the qualified disputes to the people’s mediation organization or the mediation organization in the court and the mediator,so as to achieve the purpose of settling the disputes,which not only reduces the pressure of the court cases,respects the autonomy of the parties,and meets certain practical needs.In today’s Internet technology,the online dispute resolution mechanism(Online Dispute Resolution,hereinafter referred to as "ODR mechanism")is more and more close to the judicial field.Chinese people’s court also through the construction of "wisdom court" using network judicial implementation network governance,the online mediation mechanism before rooted in traditional mediation before litigation,is a ODR mechanism of judicial online mediation mechanism,has the advantages of ODR mechanism,both the advantages of traditional mediation before litigation,under the guidance of the court and under the help of the Internet and science and technology,more efficient to solve the disputes between the parties.Legislation,as the Supreme People’s Court online litigation rules,the Supreme People’s Court online mediation rules and the Supreme People’s Court online operation rules,on behalf of our civil litigation online mediation mechanism legislation mature,in practice,the people’s mediation platform and Zhejiang dispute resolution code also play a decisive role.However,there are still many shortcomings in the legislative level,the separation of the types of online and offline cases is not clear,the online mediation operation procedure is not effective,the online mediation agreement and the mediation process is not smooth;the technical problems,the application of artificial intelligence factors and the confidentiality technology to be improved;the corresponding supporting measures are not perfect,including the social atmosphere of online mediation and the development of online mediation mediation talent mechanism.To optimize the pre-litigation online mediation mechanism mainly from these aspects,In the legislation,corresponding judicial interpretations should be issued to stipulate the types of online and offline mediation,the initiation mode of online mediation before litigation should strictly follow the voluntariness of the parties,the substantive guiding subject shall clearly stipulate that the judge who provides the corresponding pre-litigation mediation guidance,the effectiveness of the mediation agreement should pay attention to the judge’s review and judicial confirmation of the mediation agreement,and issued the corresponding judicial interpretation to enhance the effectiveness of mediation agreements and the legal connection with litigation in the mediation process;In terms of technology,should give full play to the role of AI on the mediation platform,integrating artificial intelligence-assisted technology with artificial,at the same time,strengthen the confidentiality of the pre-litigation online mediation platform technology,developing Internet technology,upgrade the technology of the platform;In terms of supporting measures,attention should be paid to cultivating and publicizing the online mediation mechanism before litigation,promote the integrated development of online mediation talents,we will pay attention to the evaluation and assessment mechanism of the people’s mediators.Through the above aspects of the discussion to improve China’s online mediation mechanism before litigation,hoping to contribute to the construction of the rule of law in China.