Disenchantment and Evaluation: the Newest Construction of German Mediation System and Its Inspiration

The newest mediation legislation in Germany reflects the characteristic of disenchantment,which reverts to the real reasonable nature of mediation and brings the function of mediation into full play.The new mediation law finely defines and regulates the mediator,the process of mediation,settlement judge and so on.It scientifically strengthens the original intension of mediation,controls the operating of mediation and makes mediation understood by normal people.Correspondingly,it's necessary for us to learn from the new German mediation law in order to build a harmonious socialist society.Exactly speaking,the aim of Chinese mediation firstly needs relocation so that the mediation could present the features of responsive law,safeguard the parties' interests and realize its moral return.Then it should reform and spread the mediation out of court,promote the mediator's development and functional specialization and perfect the procedure of mediation so that the parties' free will could be put into practice.Finally the model of settlement judge should be introduced so as to combine the mediation and the litigation effectively.