Abstract:
The relationship between right and power in the mediation embodied the relationship between mediation rights and mediation assisted power. Mediation right is the basic right of the parties, and occupies the dominant position in the mediation procedure. Mediation assisted power embodies the power of judges, aimed at guiding and assisting the realization of mediation right. In entrusting mediation, on one hand, the independent mediator gets the authorization from parties' mediation right to guide the implementation of mediation. On the other hand he gets the support from the judge's power for the mediation. Therefore, the parties playing a leading role, the independent mediator as a guide, the judge as an assistant, constitute a reasonable pattern of the relationship in the entrusting mediation for reaching a mediation agreement.