The consensual dilemma and improvement path of pre-litigation mediation
Pre-litigation mediation is an important measure for effectively resolving the growing number of disputes,and is an important part of promoting the modernization of social governance.It improves the dispute resolution system,brings into play the effectiveness of fair dispute resolution and justice for the people governance,promotes a culture of harmony and fosters the modern spirit of the rule of law.However,in judicial practice,there is a real dilemma of"good intention","consent"and"willfulness"of the parties'consent.Improvements should be made in three areas,namely,improving the multi-disciplinary dispute resolution system,optimizing the pre-litigation mediation process,and improving the judicial confirmation procedure for mediation agreements,with a view to giving better play to the governance efficacy of pre-litigation mediation.
pre-litigation mediation"impoverishment of consent"diversified dispute settlement mechanism
万方数据
维普
