The Dilemma and Approach to the Mediation before Filing a Case——A Case Study of H County People's Court

As we all know,the mediation before filing a case has existed in judicial practice before it was regulated by law.Examining the judicial practice of the people's court of H county,we found that there are many problems of this mediation. For example,the legal subject is unidentified, the scope of application is unclear, the litigants' rights could not be guaranteed correspondingly and so on. In fact,there are three major causes for those problems. First,the nature of mediation before filing a case is ambiguous. Second,the litigants aren't likely to be sympathetic toward this mediation. Third,a lot of courts lay one-sided emphasis on high rate of mediation which has been a problem in judicial system. In order to make the mediation before filing a case operate effectively,it is necessary to define the nature of mediation before filing a case, explore a appropriate operation mode,guarantee litigants' rights,establish a reasonable performance assessment system in judicial practice and so on.