The Restatement about Mediation First System: Time Limit and Application Expansion

There is much controversial in the jurisprudential circle about the rule of mediation first in Article 122 of the new Civil Procedure Law. The word firstcan show its meaning by compared with a specific time. From the perspective of system interpretation and the using rule of the terms,mediation first is such kind of mediation which is carried on after the parties file the lawsuit and before the case is registered. The applicable condition suitable for mediationstresses to prohibit illegal mediation or the consumption of mediation resources in vain. We can make the judgment in every single case. The people's courts can implement the mediation first either by the case acceptance tribunals,the specialized agencies and the delegated organization,administrative agencies. The conciliation agreement has the effectiveness just the same as the common civil contract,but the parties can voluntarily entrust the mediation agreement with enforceable effectiveness by making a mediation record or initiating a judicial confirmation process.