繁简分流下多元化纠纷解决机制的转型

The Transformation of Diversified Dispute Settlement Mechanism under the Division of Complexity and Simplicity

多元化纠纷解决机制在十几年的发展期间,成为繁简分流机制的重要组成部分,当前多元化纠纷解决机制的发展出现了纠纷总量和类型固定带来的分流纠纷总量逐渐减少的问题,究其原因主要在于一是机制发展的稳定;二是社会转型带来的纠纷主体需求多样。从2018年《新加坡调解公约》中规定的商事调解协议可以被法院执行的条文,可以窥见多元化纠纷解决机制转型的趋势,随之而来的2020年1月15日,最高院发布《民事诉讼程序繁简分流改革试点实施办法》,提出优化司法资源目标以及当前纠纷主体对于纠纷解决方式多元化、专业化的需求。多元化纠纷解决机制应当抓住当前的转型方向,以实现纠纷主体需求为目标,促进诉讼外繁简分流的高效化。

With a dozen years of development,the diversified dispute settlement mechanism has become a significant component of the division of complexity and simplicity mechanism.Currently,the development of diversified dispute settlement mechanism has led to the problem that the divided dispute quantity is reduced gradually which is brought by the fixed dispute quantity and type.Study the case and the main reasons are found as follows.First,the stability of the mechanism development.Second,the demand of dispute subjects is diverse which is caused by the social transformation.We can detect the trend of transformation in diversified dispute settlement mechanism from the provisions states in“2018 Singapore Convention on Mediation”that the commercial mediation agreements can be enforced by the court.What follows is on January 15,2020,the Supreme People’s Court issued the“Implementation measures for the pilot reform in the division of complexity and simplicity on civil procedures”,which put forward to optimize the judicial resources goal,as well as the demands of diversity and professionalism in dispute settlement methods for current dispute subjects.Diversified dispute settlement mechanism should seize the existing transformation direction,taking achieving the demands of dispute subjects as the goal,to promote the high efficiency of division of complexity and simplicity in litigation.