Exploration and Practice of Mediation diversity

Diversification of mediation, is related to civil and commercial cases in the court filing after filing into the collegiate bench trial before the court to hire people first by mediators for mediation, conciliation or to seek work outside the withdrawal of part of the proceedings closed. This work and carry out help meet people's new demands of Justice, the new look

Diversification of mediation, is related to civil and commercial cases in the court filing after filing into the collegiate bench trial before the court to hire people first by mediators to mediate a closing of the withdrawal for mediation or litigation work link .2008 1 month, in the Nationally, one in Shanghai, the first hospital in the intermediate level, the introduction of a multi-faceted mediation mechanism. It should be said, to carry out this work is in the context of building a harmonious society, under the administration of Justice for the people of the bigger picture of the real Case Closed achieve things, to resolve disputes and actively explore, to meet people's new demands of Justice, the new expectations.

The reality of diverse background of mediation

In recent years, along with economic and social development, people's rights consciousness, more and more disputes into the courts, to resolve disputes has become increasingly difficult, the Intermediate Court of second instance in civil and commercial trial work is facing unprecedented pressure. And Meanwhile, since the trial of cases in practice unreasonable display Traditional and Simplified triage mechanism, not a large number of factual disputes, the law clearly applies to civil and commercial cases of second instance takes a lot of judicial resources, litigation costs caused by the imbalance of input and output. diversified mediation is in the Intermediate People's Court of second instance in civil and commercial cases on the basis of display Traditional and Simplified diversion, play a mediating advantages, reduce dispute resolution costs and accelerate the speed of dispute resolution, strengthen the dispute settlement results.

In China, people's mediation and court mediation have a relatively long history and experience, however, the Court pre-trial stage in the introduction of non-serving judges of the other actors to engage in mediation, it is a new attempt In 2003, the Shanghai Changning District Bureau of Justice in the United District Court of the Court established a "people's mediation window" out of court disputes and Litigation commissioned the first step in people's mediation .2004 Supreme Court <"On the People's Court civil mediation provisions of a number of issues>> and 2006 High Court in Shanghai, the Shanghai Bureau of Justice <"On the norms of civil dispute mediation commission a number of views>> clear the main body of the mediation commission, scope, duration and other issues. Accordingly, a court in Shanghai in late 2007 and early 2008 were made and implemented <<Pretrial Procedure rules of operation >>,<< second instance the people, and commercial cases heard simplify the rules for>> so, carry out the work for the diversification of the mediation laid the institutional basis.

Diverse as the practice of mediation

A court in Shanghai, started two years diversified mediation, carried out a series of work, mainly in the following areas:

First, some legal knowledge and experience in mediation based on hiring a mediator. Diverse civil and commercial mediation aimed at second-instance cases, mediation of legal knowledge and experience are higher, and therefore, a court in Shanghai, mainly from the hospital and district court has extensive trial experience in the retired judge, the Court and the district court employed the jury, the Court judicial assistant for all street area, with legal knowledge or expertise of the staff and other personnel for the work done in mediation the mediator selection .

Second, determine the angle from the display Traditional and Simplified diversified diversion mediation cases. We try to resolve disputes and to resolve disputes, mediation as a diverse selection of the guiding ideology of the divisional case. Solution is to focus on the number of disputes, resolve disputes focus on quality. Must mediation is to diversify the number of diversion cases, improve the enthusiasm of the mediator needs to play a certain quality advantages of diversification of mediation, and promote the needs of the case end things.

Third, the characteristics of attention from the work of mediator training and experience exchange. U.S. Justice Holmes said, the law of life is not always logical, but the experience. Mediation carry out the work, too, are often a good experience in mediation The accumulation and use of the results. For this reason, a court in Shanghai for two years full attention to training and exchange of experience mediator, the mediator asked the people of mediation methods and techniques to master and perfect tone sub-interface. in the exchange of experience, there is the mediator will mediation experience summarized as: "to listen patiently," "identify the entry point", "method varies," "interpret the law and policy" and other aspects, by the mediators and judges unanimously approved.

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Multiple effects of diversity mediation

Two years, give full play to the mediator on the work of their "enthusiasm" and promote the world's "family", reflecting the justice for the people of the "warmth", specifically, can be reflected in the following areas:

First, to effectively resolve conflicts. Mediators work, methods and love of the work, dedication, and resolve conflicts effectively played a crucial role. A rich life experience, making the mediator and the parties get along in the process can be faster to identify the emotional breakthrough, and resonate with the parties to obtain the trust of the parties, rich experience that people working with the mediator to understand the people, can understand the way to mediate the case, the parties to the mediation process to improve the degree of acceptance, patient's attitude, easy to narrow and the distance between the parties, in the full process of listening and ease, making the party mood get resolved, the relentless pursuit of the objectives of mediation, the mediation work with enthusiasm, making the work of the mediator in the mediation does not give up, to the parties think, is conducive to completely resolve contradictions and disputes. In particular, some cases easy to intensifying conflicts, mass cases, after the mediator's mediation efforts as Dead Poets Society has successfully achieved a "Case Closed things."

Second, the trial is to ease the pressure. Diversified mediation, not only to divert part of the second trial in civil and commercial cases simply to ease the pressure on the trial, the judge off the case from the mass of the background to and concentrate on good hard case, but also play a "Case Closed matter the "driving effect, the same case, performs a wide variety mediation cases and withdrawal advantages to making the implementation of closed even on the spot, then accordingly, the parties appeal, petition, application for enforcement will reduce the possibility of natural or disappeared. Therefore, trial mediation in diverse pressures ease, is a multiplier.

Third is to reduce litigation costs. At present, people have become increasingly demanding of justice, not only impartial justice, but more convenient administration of justice, not only to access to justice, more needs to be various forms of access to justice. One Intermediate People's Court of Shanghai to carry out diverse mediation for litigants to resolve disputes with more choice. Voluntary parties under the premise of the case to the people mediator, making the dispute in a relatively short period of time may end the mediation, the parties will be able to as soon as possible freed from the proceedings.

Fourth, to expand democracy and justice. Judicial democracy that reflects the people of justice, to show the People First of Justice to remove the mystique of justice, making justice and mutual understanding between the people and communication channels more open. By the people to carry out multiple mediators of mediation, so that direct participation of non-judge judicial community, well represented in judicial democracy.

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