Symposium on the Innovation and Development of Mediation System in the New Era
Successfully held at Nanjing Normal University
On December 5, 2020, the academic seminar on the innovation and development of the mediation system in the new era and the first phase of the series of academic activities of the "Nanjing Normal University Dispute Resolution Research Center" was held in Nanjing Normal University Law School.
The opening ceremony of the conference was presided over by Liu Min from the School of Law of Nanjing Normal University. The delegates present warm congratulations on the establishment of the Dispute Resolution Research Center of Nanjing Normal University. At the opening ceremony, the director of the research center, Mr. Martin, introduced the background and purpose of the establishment of the dispute resolution research center, and proposed to build the center into an influential dispute resolution theoretical research and training center in the Yangtze River Delta region and even across the country. Teacher Ma introduced that since the center was established at the beginning of the year, it has carried out a lot of practical work in curriculum construction, field research, and social services. The Future Center has also planned a number of tasks, and I hope that experts from inside and outside the school will support it.
The theme of the first unit of the conference was "Macro-Review of the Development of China's Mediation System". This unit was presided over by Professor Yan Renqun from Nanjing University.
Teacher Li Hao from the Law School of Nanjing Normal University first gave a speech on the topic of social disputes and the construction of multiple dispute resolution mechanisms. Teacher Li Hao pointed out that the inevitable result of the rapid development of law is the comprehensive coverage of social life by law. With the increasing number of laws enacted by the state and wider coverage of society, the role of justice will become more prominent. This is also reflected in the increasing number of cases received by the courts year by year. There is also a lot of room for development in solving practical problems through multiple dispute resolution mechanisms and online mediation and online arbitration based on modern technology. Teacher Li said that the establishment of the center and the development of various tasks are of great significance to the diversified resolution of research disputes.
Professor Xu Shaobo of Huaqiao University refined himself with the diversification and socialization of mediation, the industrialization, specialization, and refinement of mediation, the rationalization and rationalization of mediation relations, the networking and technologicalization of mediation, the relativization of mediation and the rugbyization of mediation. And gave a wonderful explanation. Teacher Xu pointed out that mediation is ubiquitous and needs to be connected with other dispute mechanisms. At the same time, the relativization, similarity and ambiguity of mediation itself still exist in large numbers and need to be properly resolved.
Teacher Liu Keyi from Northwest University of Political Science and Law believes that in the specific development of some mediation activities in my country, there is not enough attention to the overall background of mediation and social changes. And we need to pay attention to whether the promoting power of the mediation system is fully utilized. In addition, the opinions of the parties themselves have a relatively large impact on the effect of mediation. Therefore, if you want to better play the role of mediation, you need to pay more attention to the parties themselves.
Teacher Ye Yonglu from Shanghai Jiaotong University used the Zhejiang Xiangxian culture as the basis to introduce the topic of the Xiangxian mediation system. Mr. Ye pointed out that Xiangxian mediation has been fully promoted in all counties and counties in Zhejiang, and that Xiangxian culture and mediation culture are very compatible, and the implementation effect is very good in all towns. In the future, we can fully consider the promotion of such a culture and mediation system at the grassroots level.
During the free review session, Mr. Liu Keyi raised questions about the role played by the village committee’s participation in mediation, and had an in-depth exchange with Mr. Ye Yonglu on the weakening and strengthening of the village committee and neighborhood committee’s mediation capabilities. Teacher Li Hao believes that the status of the mediator is often stronger than that of the parties in order to be effective, and Xiangxian can often come up with more appropriate solutions. Teacher Liu Min believes that mediation not only has the function of dispute resolution, but also the function of interpersonal relationship adjustment. The third function is the healing function. Through effective mediation activities, the psychological harm to the parties can be effectively reduced. Teacher Tang Ming believes that the interpersonal relationship adjustment function of mediation exists objectively, especially in the context of social governance. Teacher Tang further explained the necessity of emotional arrangement in the mediation process and the issue of the parties’ sense of identity with the mediation process based on his own experience in resolving disputes.
The theme of the second unit of the conference is "Diversified Dispute Resolution and Specially Invited Mediation". This unit is hosted by Nanjing Normal University Teacher Chen Aiwu and Lawyer Wang Heping.
At the meeting, Judge Liu Xuan of the Jiangsu Higher People's Court first introduced the specific measures and related progress of the current Jiangsu courts at all levels to promote the reform and mediation system. Judge Liu pointed out that the issue of how to effectively connect litigation and mediation involves the docking of litigation and non-litigation business and the docking of judicial administrative departments. At present, non-litigation service centers and sub-centers have been established in courts at all levels in the province. At the same time, the online mediation platform is constantly optimized. Nevertheless, there are still some shortcomings in the substantive operation process and some shortcomings in the implementation of various documents, and there is still much room for reform to expand.
Yao Zhijian, the vice president of Nanjing Intermediate People’s Court, proposed the “four emphasis” of Nanjing Intermediate People’s Court in promoting one-stop dispute resolution: the first is to focus on pluralistic co-governance, and the rational construction of a new pattern of source governance; The establishment of the litigation service center; the third is to focus on the diversion of the complicated and simplified in the program design; the fourth is to focus on the intelligent boost, handle it nearby, and handle it in different places. At the same time, we will try our best to achieve the "four boosts" in the implementation of policies, including the affinity of people's mediators, the professional influence of special mediation teams, the assistance of integrated mediation platforms, and the appeal of one-stop publicity. He further pointed out that the change in the court's assessment standards has also had a significant impact on the development of mediation work. Dean Yao also mentioned that the real operation of various mediation agencies is worthy of attention, and the unevenness of the mediation field is also worthy of consideration.
President Geng Hui of the People's Court of Xuanwu District of Nanjing City put forward his views on the difficulty of filing a case and the prosecution rate of ten thousand people. He also introduced the Xuanwu Court’s “three standards” regarding specially invited mediation work, namely, diversified, standardized, and professional, and used “three mechanisms” to ensure the effective operation of the specially invited mediation system, namely diversion work, auxiliary work, docking work, and return Clarified the "three grasping hands" in the reform process, namely, promoting the deeper development of mediation work, effectively managing the specially invited mediation work, and vigorously promoting the specially invited mediation work.
Teacher Yan Renqun of Nanjing University proposed that more attention should be paid to the power of mediators, the ethics of mediation, and the improvement of mediation quality.
Teacher Wang Jing from Jiangxi Science and Technology Normal University introduced the relevant systems and procedures of mediation in the United States. It is recommended to promote from the perspective of grassroots groups and how to mediate and promote people with insufficient cultural knowledge is the focus of our consideration.
Teacher Pan Xi from Nanjing Normal University believes that mediation is not just a matter of the court, but a matter of the whole society. It is best not to be led by the court or even enter the judicial process. Mr. Pan pointed out that entering the judicial process in any link of the mediation process will aggravate the situation of "more cases and fewer people". It is the best way to resolve the dispute through various channels as far as possible.
Mr. Martin expressed his gratitude to the Nanjing Intermediate People's Court and the Xuanwu District People's Court for their strong support since the establishment of the research center, and put forward some suggestions for improving the online dispute resolution platform.
The theme of the third unit of the conference is "Opportunities and Challenges of my country's Diversified Dispute Resolution Mechanism". This unit is hosted by Mr. Martin from Nanjing Normal University.
Teacher Zhang Yongquan of Suzhou University first proposed that the diversified dispute resolution mechanism needs to be led by the government, and litigation cannot be the first priority. No matter what method is adopted, the ultimate goal is to repair the relationship. Teacher Zhang pointed out that a huge force is needed to promote diversified dispute resolution. Can we consider establishing a sound dispute resolution mechanism through the joint efforts of the court and external forces? The government of every dynasty in China has the function of resolving disputes. We must take the essence and remove the dross of traditional things to better resolve disputes. The diversified dispute resolution mechanism must be the right direction, but the perspective of implementation still needs further clarification and confirmation.
Professor Ye Yonglu from Shanghai Jiaotong University pointed out that diversified dispute resolution requires efforts to resolve channel issues. Teacher Ye talked about the status quo of commercial mediation and commercial arbitration from a practical point of view, and believed that different dispute resolution mechanisms have different purposes and different value systems. Resolving disputes is the main purpose of the two systems of mediation and arbitration, and their focus is not to maintain social fairness and justice. In addition, it is still doubtful whether the mediation agency can really effectively play the role and function of mediation after its establishment.
Teacher Liu Keyi from Northwest University of Political Science and Law said that it is worth considering how much space and application the traditional mediation method has in contemporary times. Although contemporary mediation emphasizes the diversity of order, it often reflects legal factors behind it. Therefore, although we want to implement the resolution of multiple disputes, there is a large gap between ideals and reality. From the reality of the situation, the actual settlement rules are relatively simple.
Teacher Xu Shaobo of Huaqiao University believes that whether the court is the center or the outside of the court is a key issue in diversified dispute resolution. Nowadays, there are various connections in the field of diversified dispute resolution, including connections from outside the court to inside the court, and even from outside the court to the internal court litigation service center. Diversified dispute resolution mechanisms need to consider political and legal issues. Under the current system, the system of party committee leadership, government responsibility, social coordination, and rule of law guarantees that mediation must serve the overall situation. In addition, Mr. Xu believes that the connection of the various ports of the dispute resolution mechanism is also lacking.
Teacher Wang Jing from Jiangxi Science and Technology Normal University summarized the speeches of the teachers and talked about how to mobilize the enthusiasm of mediation forces and whether the court-led mechanism is effective. Teacher Wang believes that the government's administrative management functions limit the government's guiding role in this regard. In arbitration practice, if the arbitrator and the arbitration secretary behave properly and the parties fully communicate, the parties can feel fairness and justice, which shows that the management issues of arbitration have a significant impact. In addition, when the quality of judges has not reached a certain level, it is very important to insist on "separation of mediation and trial". Improper use of mediation can lead to compulsory mediation and cause many problems.
Teacher Chen Aiwu from Nanjing Normal University pointed out that mediation needs to be professional, diversified, individual and warm. Mediation cases must have certain characteristics that it can use mediation. For example, the mediation of acquaintance disputes reflects more experience and tenderness. Mr. Chen believes that each case of mediation has different mediation styles, and professionals can also be used to assist and promote mediation. The legal mediation is to mediate in the shadow of the law and give a legal plan. In addition, Mr. Chen pointed out that respect for the parties is the most important thing, and the official mediation of parents is no longer suitable for modern society. At the moment, we should achieve one case, one justice, "one case, one method".
At the end of the round table discussion, all graduate students participating in the meeting actively spoke and had in-depth exchanges and discussions with teachers on the reform and practice of the multiple dispute resolution mechanism.
Finally, in the closing ceremony, Mr. Martin thanked all the teachers inside and outside the school for taking the time to participate in the meeting held on the weekend, thanked the students in the conference affairs group for their dedication and the law school students for their active participation. I hope that the development of the center will continue to receive the attention and support of experts, teachers and students. At this point, all the established agendas of the conference have been successfully completed. Amid the applause of the participants, the academic seminar on the innovation and development of the mediation system in the new era ended successfully.