The Legislation and Its Mode of China's Non-governmental Mediation Law

As an important mode of contemporary ADR, non-governmental mediation is an integral part of the multiplex mechanism of disputes resolution (including mediation, arbitration and adjudication). In view of the problems existing in the legislation of China's non-governmental mediation law as well as the disunity of mediation's legal effect and lack of standardization in the operation of non-governmental mediation, a unified non-governmental mediation law should be enacted. China should learn from the legislative experiences of western countries and choose the separated mode of legislation, enacting mutually independent mediation law, arbitration law and adjudication law. In enacting China's non-governmental mediation law, problems such as the goal of legislation, the peculiarity doctrines of non-governmental mediation, mediation organization and personnel, effect of mediation agreement, and relationship between non-governmental mediation and judicial mediation should be solved.