| With the renaissance of mediation in China, the ultra-high rate of cases settled by court mediation in civil procedure appears on the headline of newspapers more and more frequently. Through the method of empirical study, we can find that the rate of cases settled by the way of mediation has shown winding growth rather than growing persistently no matter in the procedure of the first instance, the second instance or the retrial. At the same time, neither the rate of cases settled by mediation in the procedure of the first trial, the second trial and the retrial, nor the mediation rate of the cases on marriage and family, the cases regarding contract and the cases of torts is over 60% in general. And on the whole, the rate of cases settled by mediation in the first trial is higher than that in the second trial and in the retrial, and the rate in the retrial is higher than that in the second trial. In addition, the mediation rate of marriage and family cases is higher than that of contract cases, while the mediation rate of contract cases is higher than that of tort cases.In present China, the reason why the rate of cases settled by the method of court mediation presents this face is the drive of the mediation policy, the different importance attached to mediation by the leaders of different courts in different areas of China, the diversity of characteristics and nature of the handled cases, and so on. The negative effects of this kind of "movement" of mediation become more and more obvious in the judicial practice. In the future, China should handle the issue rationally and design the court mediation system on the basis of profound reflection. |
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