Construction of compulsory mediation system from the perspective of litigation source governance:challenges and responses
Compulsory mediation should be defined as pre-mediation procedure rather than compulsory mediation outcome.Compulsory mediation has been discussed in the theoretical circle for many years,and the gap between compulsory mediation and voluntary mediation is difficult to bridge.The coupling between the source of litigation governance and compulsory mediation provides legitimacy and possibility for the implementation of its system.Compulsory mediation is conducive to the diversion and efficient resolution of conflicts and disputes,so as to realize the response to the source of litigation governance.However,the construction of compulsory mediation system still has legal challenges,challenges of application objects,operational challenges,and so on.It is necessary to explain its legitimacy from the legal perspective to break down ideological barriers.Applicable procedures and objects need to be clarified to resolve applicable concerns.In addition,it is necessary to construct supervision mechanism and optimize mediation system to further improve its operation,and only after taking multiple measures can we seriously consider making compulsory mediation cross the gap between theory and practice.
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