An Empirical Study On The Civil Mediation System

As an important part of the diversified dispute resolution mechanism,the prior mediation system makes up for the shortcomings of litigation and relieves the pressure of litigation with its advantages of simple and efficient procedures,weak confrontation and flexible methods.In2021,the 18 th meeting of the Central Committee for Comprehensively Deepening Reform adopted the Opinions on Strengthening the Governance of Litigation Sources and Promoting the Resolution of the Source of Contradictions and Disputes,aiming to put the alternative dispute resolution mechanism in the forefront and resolve disputes from the source,and the work report of "Improving the One-stop Diversified Dispute Resolution and Litigation Service System with Chinese Characteristics" proposed by the Supreme People’s Court was deliberated and adopted at the Fifth Session of the 13 th National People’s Congress in March 2022.It can be seen that the advance mediation system has become an important dispute resolution method and has been valued by the state.After in-depth investigation of the grassroots courts in District A and B,it is found that there are still some problems in the legislative and judicial practice of the prior mediation system,and the resolution of these problems is of great significance to the effectiveness and value of the prior mediation system.This paper focuses on the empirical analysis method to investigate the practical application of the prior mediation system,discover problems by interviewing judges and relevant responsible persons of courts,collecting and analyzing relevant data,and analyzing typical cases,so as to recognize the shortcomings of the current system and put forward suggestions for improvement with reference to relevant systems outside the territory,so as to help the improvement and development of the prior mediation system and multiple dispute resolution mechanisms.This article contains five parts.The first part of the research refers to relevant laws and regulations,the views of relevant researchers and judicial interpretations to explain the concept of prior mediation,including the definition of time and nature,and the analysis of the prior mediation system and the alternative litigation mediation and litigation mediation system.The second part focuses on the operation status of China’s advanced mediation system,conducts judicial practice investigation,grasps the applicable data and operation process of the court’s advanced mediation system,and analyzes typical cases.The third part,based on the results of practical investigation,puts forward the problems in the application of this system,including the inconsistency of mediation subjects,unclear scope of application,irregular initiation mechanism,and failure of judicial confirmation procedures to ensure the legality of mediation agreements.The fourth part is to study the extraterritorial mediation system and refer to its relevant theories,with a view to improving China’s prior mediation system.The fifth part,based on China’s judicial practice,puts forward suggestions for improving the prior mediation system: First,the subject of prior mediation is clarified.Second,clarify the scope of application of prior mediation;Third,regulate the initiation mechanism of prior mediation.Fourth,build a system to prevent false judicial confirmation.