Study On the Conceptual Correction and Institutional Reconstruction of the Right of Regret in Litigation Mediation
In the mediation process of civil litigation,the right to renege is a remedial right enjoyed by both parties.Granting the parties involved in litigation mediation the right to retract is legitimate,as it is to ensure the voluntary nature of the medi-ation.However,the unrestricted right to renege on mediation will lead to the alienation of the right to renege,which is not conducive to the refinement of the mediation system,nor is it conducive to achieving practical results in mediation practice.The existing regulatory path is difficult to fundamentally solve the problem of absolutization of the right to re-nege on mediation.The absolutist concept of mediation autonomy should be abandoned and replaced by the relativistic concept of mediation autonomy,and the unlimited right to retract should be modified to a limited right to retract in the system.
mediation autonomyabsolutismrelativismthe right to retract
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