On Constructing of Civil Pretrial Mediation Procedure

The Amendment to the Civil Procedural Law(Draft),which has been reviewed at the 23rd session of the Standing Committee of the 11th National People's Congress,adds the stipulation which reads:mediation shall be adopted for civil disputes before they are brought to the people's court.But the stipulation is so Abstract that it can not be applied for the practice.Our civil procedural law and judicial interpretation has clearly defined the mediation after the case on the docket,but the mediation before the case on the docket hasn't been regulated,which forms strong contrast to the practice.Lacking of mature design of the system and legislative supporting,pretrial mediation varies considerably,so that many problems have been exposed.Therefore,it is necessary to analyze deeply the theoretical connotation and judicial practice of pretrial mediation,so as to put forward constructive comments to establish the unified system of pretrial mediation.