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The paper is divided into three parts: The first chapter analyzes the Chinese learn the purpose of the Court Mediation System in Australia. Our current court mediation work faced with several major problems: 1, our court mediation of the body too much single, which is the source of court mediation system subject to a lot of criticism of; 2, the confidentiality of our court mediation work of the poor, the parties can not rely on the mediation process; 3 advantage of the efficiency of the Court Mediation gradually disappear. Australia and China is also faced with the growth of the amount due to litigation resulting in a backlog of court cases, Australian courts, however, mediation has achieved good results through practice, been dealt with in court accumulation of old cases, litigation exceeds the trial periods phenomenon greatly reduced. Therefore, the country's court mediation system design, and experiences for reference to solve the above problems facing our court. Secondly, I analyze the meaning of the two countries court mediation to extract a lot of commonality between the parties with respect to the meaning of court mediation. Only in the comparative study of objects belonging to the same category, the greater the similarity, comparative study was feasible. In the second chapter, the author of the comprehensive and in-depth comparison of China, Australia, the court mediation. Australian court mediation first start in the program, the scope of application mediation main, the form of the conclusion of the procedure, the mediation the force of law, and legislative cost burden compared. To find out the specific differences based on the author from the legislative background, national conditions point to explore the causes of the differences. Second, the value orientation of the court mediation between the two countries are compared. Value freedom, efficiency, justice and order, the legal system in general contains these values ??through continuous conflict, coordination, balance, final externalization institutionalized. The basis of the author based on the comparison of specific systems, exploring the two countries on the value of the elements in the design of the court mediation system how to balance coordination. I suggest that China should learn from Australia, based on voluntary principles, scientific balance between value elements, to take into account the fair, efficient direction of development, which is consistent with the development needs of China's socialist market economy, the rule of law situation and development direction . The third chapter is to \I first proposed the courts in China can learn from Australia's mediation main diversification should make full use of the people's mediation work resources to assist the court mediation to overcome the difficulties currently facing. People's mediation system can learn from Australia's civil mediation presided over the Court's mediation work experience, a strong supportive legislation, policy support, the court mediation system. Secondly, I advocate the Court Mediation System should establish thoroughly the principle of confidentiality, which is consistent with the mediation of Psychology, and to the court remain neutral, the principle of fair and impartial mediation. Third, China should learn from the the Australian court mediation rational mandatory, appropriate given the mandatory start right of the judge's mediation work. Mandatory conciliation proceedings because of excessive voluntary principles impede the realization of fairness and justice, it does not mean to force the parties to reach a consensual, more in line with the needs of China's socialist market economy, the rule of law the status quo and development.
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