Introspection on Alienated Court Mediation——Analysis of Mediation Cases into Executive Procedure

The mediation has the functional advantages of maximizing consensus, lowing cost, improving efficiency and conserving judicial resources. Too many mediation cases going into executive procedure reflect the two sides: repentance of mediation and alienation of mediation effect, which is contrary to the original purpose of mediation and weakens the judicial function. This phenomenon is caused by the parties' malicious delay and the implementation of the judicial policy adopted by court. We should reasonably position the mediation system and clarify the misunderstanding of judicial concept. Mediation has no danger of overturning the rule of law. Therefore, we should not regard mediation as the only judiciary representation. We should make reasonable design of judiciary examination technology rules which correct the judges'trend of neglecting and weakening mediation and pay attention to automatic execution of mediation cases. We should perfect the legal system, attach importance to execution guarantee mechanism of mediation cases and reinforce punishment for refusal to implement cases.