exploration and way out- on exploration v. mediation（探索和出路,探索诉中介）.doc

Exploration and way out: On Exploration v. mediation Abstract mediation before litigation, the parties will be delivered in disputes before the Court, the mediation by the Organization of the Court specifically contradiction between the parties. Introduction of mediation before litigation is necessary, the pre-litigation mediation system to be further improved and remodeling. Paper Keywords mediation before litigation dispute resolution , V. the connotation of mediation Mediation before litigation, lt;lt; Civil Procedure Law gt;gt; did not make specific provision, many scholars have discussed this, and some of the court of trial-and-error practice, for example, the Hainan Provincial Higher People’s Court, the Higher People’s Court of Shandong Province, Shanghai Pudong The District Court conducted a pilot. related cases despite mediation before litigation has been used in practice, but I believe it is necessary to set forth under connotation v. mediation to avoid and reconciliation, ‘mediation and litigation mediation confused. I believe that the mediation before litigation is a quasi-judicial acts, the parties will be delivered in disputes before the Court, by court organization dedicated to mediation of the conflict between the parties, if the mediation is successful, then the parties can ask the court to issue a book of mediation, if mediation fails, the dispute is transferred to the proceedings. v. the former mediation composition must meet the following two conditions: The first time the stage. mediation before litigation is based on the parties dispute the prosecution to the court, court filing before this stage of the mediation, and specialized mediation before litigation court organization specialized personnel mediation, are generally composed of judges, can also be organized by special mediator. mediation if successful, by the court issued legally effectiveness of mediation books. mediation before litigation is filing before income v. med