On the Effects of Court Mediation

Giving the effect to civil mediation in line with basic legal theory by making using of the results of procedural operation is beneficial to the realization of the final purpose of mediation system to resolve the disputes.The effects of court mediation stem from the autonomy of private rights and the operation of procedure itself as well.Court mediation has the effects of formation,restriction and enforcement,which are different from those of court verdicts.Court mediation does not have and should not have res judicata from perspective of necessity foundation or legitimacy foundation.The relief to mediation is not necessary because of the existence of agreement between the two parties,but an emergency exit to the relief should be reserved in case that the agreement would be invalid or revocable,or mediation procedure would seriously violate the law.