英语论文网

ediation mode and techniques are better than evaluative mediation, transformative mediation in adapting to China’s specific culture, social and political backgrounds. Facilitative mediation mode and techniques played a key role for Chinese people's mediation system in the past, but it should be mentioned that these problems existing in current people's mediation system are related to the technical characteristics of facilitative mediation itself, on the one hand, the advantages of facilitative mediation techniques help people’s mediation to play its own role in resolving disputes, maintaining social stability, on the other hand, the disadvantage of facilitative mediation techniques also lead to a lot of problems in people's mediation system. From the perspective of the advantages, firstly, facilitative mediation techniques are in line with China's unique history, culture and tradition, which makes facilitative mediation techniques can be recognized by Chinese people and government agencies. Second, facilitative mediation techniques with distinct Chinese characteristics play an active role in promotion of dispute resoling, safeguarding social stability and saving judicial resources, it also shows that the facilitative mediation techniques with distinct Chinese characteristics are in line with and the needs of China's politics and laws. Finally, in the process of helping Chinese citizens to have an access to justice, facilitative mediation techniques play a very important role. Judging from the disadvantages, first of all, they tend to take a more eclectic approach to deal with disputes, they first of all consider the issue of reaching a mediation agreement, followed by considering the responsibilities and interests of both parties. Then, in facilitative mediation, a mediator should take a neutral position. Under the current Chinese mediation system, there are still many gaps in the supervision of people's mediation committees towards mediators, the mediators have some illegal behavior in mediation process to a certain extent. Thirdly, in terms of skills used for dispute resolving and communication skills used in mediation process, it needs mediators to have knowledge about relevant laws and regulations, good language skills and communication skills, a positive mental attitude to resist pressure. It can be said that the use of facilitative mediation techniques have high requirements for professional quality of mediators. However, all levels of governments do not have enough emphasis on people's mediation work in provision of support in terms of funds and personnel. Serious shortage of funds for mediation work leads to less good quality of mediators, which affects the quality of mediating disputes. Fourthly, China’s facilitative mediation techniques are not conducive to the formation of legal awareness of the society. Finally, China's facilitative mediation pays less attention to confidentiality, which is not conducive to the parties’ trust for people's mediation system, hindering the achievement of a mediation agreement. Based on the above analysis, the author puts forward recommendations on how to avoid the disadvantages presented by facilitative mediation techniques through strengthening and improving the quality of mediators, implementation of the principle of voluntary, balancing national laws and interests of the parties, strengthening the supervision towards mediators, improving the importance attached to confidentiality.