2010Journal of Chongqing University. English EditionRequires access

On the Court Request Mediation

HE Wen-yan

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Abstract

The court request mediation is a kind of innovation in China's judicature practice to activate the mediation resources,absorb society strength to solute dispute,and realize the harmonious of action and mediation.Its direct legal basis is Nediation Stipulation 3rd.The court request mediation has both the attribute of the court mediation and people mediation.It's important to pay attention to four suit i.e.entrust the appropriately case,entrust the appropriate mediation organization,uses the appropriate mediation procedure,entrust with the mediation agreement by the appropriate legal effect.The court request mediation,has one side which is worth trusting,also has another side which is not worth trusting.Our country current still hasn't both necessity and feasibility to give priority to mediation before suit.Taking the court request mediation as the turning point to establish a mediation organization in the court is a feasible method for the priority of mediation.

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What this paper is about

The court request mediation is a kind of innovation in China's judicature practice to activate the mediation resources,absorb society strength to solute dispute,and realize the harmonious of action and mediation.Its direct legal basis is Nediation Stipulation 3rd.The court request mediation has both the attribute of the court mediation and people mediation.It's important to pay attention to four suit i.e.entrust the appropriately case,entrust the appropriate mediation organization,uses the appropriate mediation procedure,entrust with the mediation agreement by the appropriate legal effect.The court request mediation,has one side which is worth trusting,also has another side which is not worth trusting.Our country current still hasn't both necessity and feasibility to give priority to mediation before suit.Taking the court request mediation as the turning point to establish a mediation organization in the court is a feasible method for the priority of mediation.

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Available abstract

The court request mediation is a kind of innovation in China's judicature practice to activate the mediation resources,absorb society strength to solute dispute,and realize the harmonious of action and mediation.Its direct legal basis is Nediation Stipulation 3rd.The court request mediation has both the attribute of the court mediation and people mediation.It's important to pay attention to four suit i.e.entrust the appropriately case,entrust the appropriate mediation organization,uses the appropriate mediation procedure,entrust with the mediation agreement by the appropriate legal effect.The court request mediation,has one side which is worth trusting,also has another side which is not worth trusting.Our country current still hasn't both necessity and feasibility to give priority to mediation before suit.Taking the court request mediation as the turning point to establish a mediation organization in the court is a feasible method for the priority of mediation.

Key concepts: Mediation, Lawyer supported mediation, Party-directed mediation, Stipulation, Alternative dispute resolution, Law, Business, Political science

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