The Development Path of China's Court Mediation System
Court mediation has long been a vital method for resolving disputes in civil litigation in China.However,recent years have seen a steady decline in court mediation rates,highlighting challenges related to entrenched concepts and a lack of insti-tutional innovation.On one hand,mediation has not effectively alleviated the case burden on judges;on the other hand,the low en-forcement rate of mediation agreements often undermines timely protection of the parties'legitimate rights and interests.For media-tion to become a meaningful option for judges,parties,and lawyers,it must be genuinely embraced as a conscious choice.In the face of the pressing issue of"numerous cases but few judges,"it is essential to ensure that mediation effectively aids in case diver-sion,alleviates judges'trial pressures,and facilitates the timely realization of parties'legitimate rights,while also reducing the number of enforcement cases.Achieving these goals will be the key challenge for court mediation.To revitalize China's court medi-ation system,it is necessary to update concepts and optimize existing systems.This could include establishing a truly court-led affil-iated mediation institution,implementing a compulsory mediation system,and clearly defining the scope of cases eligible for media-tion.Additionally,creating collaborative preservation systems to facilitate mediation and protecting the legitimate rights and interests of the parties will be crucial steps in enhancing the effectiveness of court mediation in China.
court mediation"numerous cases but few judges"governance of litigation sourcespre-mediationsource gov-ernance
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