Current Status and Improvement Measures of the Civil Mediation System in China

This paper conducts a systematic study focusing on the status of and improvement measures for the civil mediation system in China, emphasizing that the mediation system plays a crucial role in resolving disputes within civil legal relationships. The mediation system, based on the full respect for the parties’ autonomy of will, is fundamentally guided by the principles of voluntariness and legality. Only when these two basic principles are properly upheld can the parties’ dignity and rights be protected in the dispute resolution process, thereby achieving procedural justice. In this context, mediation systems are widely applied in judicial practice. The mediation system not only effectively enhances litigation efficiency but also safeguards the legitimate interests of the parties while maintaining social fairness. However, there is some disagreement between judicial authorities and the general public regarding the application of mediation systems on online platforms. In terms of judicial bodies, some courts prominently claim that the mediation rate for this year is 95%, and they positively affirm the mediation system. However, the general public has expressed differing opinions on online platforms. They believe that the court was “forced” to enter the mediation process due to its excessive emphasis on mediation. The psychology that fosters resistance among the parties involved in mediation. In recent years, the Chinese mediation system has played a significant role in reducing litigation costs, enhancing judicial efficiency, and maintaining social order. Moreover, with the active use of mediation at the pre-litigation stage, case filing (acceptance), and trial phases, the mechanism for dispute resolution has gradually improved. However, several institutional issues have also emerged. For example, despite the procedural differences between mediation and adjudication, the implementation of a “mediation-adjudication integration” model in China has increasingly led to situations where mediation is replacing adjudication. This phenomenon has, in effect, infringed upon the rights of the parties and severely weakened the fundamental principle of voluntariness in mediation. To address these issues, it is now necessary to study and supplement the current system by introducing a “separation of mediation and adjudication” model, thereby mitigating the adverse effects of the existing integrated system. Ultimately, such improvements should aim to strengthen the protection of parties' rights during the mediation process and ensure that mediation is genuinely based on voluntariness and equality between the parties.