Perfection Of Court Online Mediation System From The Perspective Of Functional Orientation Abstract

Abstract

As an important application of Internet information technology in the judicial field, online dispute resolution has played an increasingly important role in recent years. In addition to online litigation, online mediation, as an auxiliary online dispute resolution method, has the comparative advantages of flexibility, low cost, convenience, and other non-litigation dispute resolution methods. The online mediation of the people's court in China is litigation mediation in nature and judgmental mediation in function. It will find a correct solution in law as the primary goal and take reducing costs as the inherent value of mediation. There is a risk of dam - aging the voluntary and procedural protection rights of the parties. China's current online mediation system has many drawbacks in realizing the function of judgmental mediation, such as the lack of restrictions on the scope of application, the difficulty in ensuring the voluntary nature of the parties, and the lack of connection with online litigation. Therefore, for the design of the online mediation system of the People's Court of Chi - na, the scope of its application should be limited in legislation. Secondly, we should make specific procedural regulations on online mediation, restrict the mandatory mediation of judges, avoid sacrificing the voluntari - ness of the parties, and endanger the legitimacy of mediation and the interests of the parties. Thirdly, in the application, attention should be paid to clarifying the auxiliary status of online mediation, strengthening the connection with online litigation, and resolving disputes more appropriately and efficiently.