Comparison and Reference of Pretrial Family Mediation Institution in the Perspective of Civil Law Systems

Due to the different understanding of whether mediation belongs to judicial power, there are differences between Civil Law and Common Law systems in the realization path of "separation of mediation and trial". Mainland China is in Civil Law system and has many similarities with Japan, Korea and Taiwan China in terms of judicial philosophy and mediation practice. On the basis of their experiences in setting up pretrial family mediation institutions, we can choose a suitable design according to mainland situation, set up a separate family mediation procedure, and establish two mediation models: family judge mediation and family mediation council mediation. The family judge is responsible for exercising judicial authority, while the mediator is responsible for specific mediation matters, thus realizing a complete "separation of mediation and trial". The consensual ruling or conciliation letter made after a successful mediation shall has the same legal effect as a definite judgment; cases that fail to be mediated shall be promptly transferred to the trial body, and if the trial body finds that mediation is necessary during the trial, it shall be transferred to the mediation body, but only once, except in special cases.