| Summary: | 碩士 === 南台科技大學 === 財經法律研究所 === 99 === Mediation system is one type of ADR , different country develop their own mediation system to solve their own civil argue .The mediation may divided into judicial type 、civil type and administrative type according to the mediation authority . Judicial type different to the civil type and administrative type , it is the mediation type under the ruling of court authority. Within the court mediation , according to the difference of the event , can divided into civil mediation 、penal mediation and family mediation .
Family mediation involved into the specialization ability of the mediation members .Most criminal cases may not use penal mediation , because the monopoly state criminal lawsuit authority , so penal mediation only adopt to the add civil lawsuit , but it shall affect the criminal liability , so it is a little different to the pure civil mediation.
For easy study , will take the court mediation as the key point , and not involved into the family mediation and the penal mediation with add civil lawsuit , i.e. to discuss mainly upon ordinary civil mediation procedural within ordinary civil court . From the ADR , we will familiar to one of its type --- the mediation system , compare to different mediation system of countries , we will discuss whether our own court mediation operation can fit its purpose ,i.e. to stop argue 、down cases and upgrade holding quality , to protect the subjective benefit of the parties as well as the procedure benefit 。And try to give some suggestion to strengthen the function of this system .
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