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synopsis
With the rising of civil disputes, innovation diversified dispute resolution mechanism, the people's court has become the unavoidable task. Xuhui court for adr (alternative dispute resolution mechanism into civil proceedings in the court proceedings, the people's mediation and set up a buffer between platform for disputes timely defuse provide new relief way, in the "was founded in August 2009" complaint adjustable docking center "began before mediation lawsuit. Through the court before the lawsuit attached to the mediation system theory and empirical analysis, proposed perfecting and harmonious society, move each other before the idea of lawsuit system of mediation.
This article through to xuhui court v. adjustable docking center before the analysis found that lawsuit, the current mediation exist the following problems: the first is the judge before the lawsuit mediation of initiative and enthusiasm is not high, 2 it is the parties to v conciliation too cooperation; before Three is the quality of the lawsuit to guarantee former mediation; Four is the lack of incentive security mechanism; Five is the litigation explosion the completion time pressure; Six is mediation existing "white link". Finally this paper puts forward TiXie problems before the lawsuit current opinion, will improve comprehensive measure justices conciliation into the standard and strengthening the ability before the propaganda of the mediation lawsuit filed and rational guidance, strengthen the construction of system, scrutiny, strengthen establish "two-way interaction", realization of "two changes". Fully mobilize various favorable factors, complementary strengths, maximum limit the role of play for maintenance, conciliation service the social harmony and stability.