Study of the Mode of Judicial Intervention in the Mediation
Bao Jian-hua
Abstract
Bao Jian-hua
Abstract
On reflection of the notion of justice,there have been different levels of intervention of mediation in many countries' judicial system.Judicial intervention in the mediation mainly has four modes including court-performed mediation,court-annexed mediation,mandatory mediation,and the other modes such as judicial confirmation and program monitor.Compared with foreign system,on one hand,the mediation in our country goes against the exploitation of the advantages of mediation as it regards lit-mediation as jurisdiction rather than the power to manage cases.On the other hand,it has not institutionalized the link of justice and mediation,which contributes to the waste of judicial resources.
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On reflection of the notion of justice,there have been different levels of intervention of mediation in many countries' judicial system.Judicial intervention in the mediation mainly has four modes including court-performed mediation,court-annexed mediation,mandatory mediation,and the other modes such as judicial confirmation and program monitor.Compared with foreign system,on one hand,the mediation in our country goes against the exploitation of the advantages of mediation as it regards lit-mediation as jurisdiction rather than the power to manage cases.On the other hand,it has not institutionalized the link of justice and mediation,which contributes to the waste of judicial resources.
Key concepts: Mediation, Jurisdiction, Intervention (counseling), Political science, Alternative dispute resolution, Economic Justice, Law, Party-directed mediation