What are the difficulties and problems in people's mediation construction?

First, the number of new contradictions and disputes has increased, involving a wide range of fields, and the mediation procedure lacks rigidity, making mediation more difficult. At present, social conflicts and disputes have changed from traditional common civil conflicts and disputes such as marriage and family, neighborhood relations and damages to new ones such as land acquisition and demolition, resettlement compensation, fund-raising disputes, property management, environmental pollution, doctor-patient disputes, traffic accidents and labor disputes. Most of these new contradictions and disputes are professional. Although we have made some explorations in dealing with these new contradictions and disputes, and established professional mediation organizations such as doctor-patient disputes, traffic accident disputes, water transport disputes and labor disputes, compared with the new number of contradictions and disputes, it is still far from meeting the needs. Moreover, the initiation, implementation and agreement of people's mediation depend on the wishes of the parties, and any party can refuse mediation at any time. The lack of rigidity in mediation further increases the difficulty of mediation.

Second, there is not enough understanding and attention to mediation. Some localities and departments have insufficient understanding of the position and role of people's mediation in the new situation, and insufficient attention and support. They believe that people's mediation is a dispensable "soft function". Often, the deployment work goes beyond the Coordination Committee, the inspection and guidance bypass the Coordination Committee, and the work assessment is not mentioned, which makes it difficult for people's mediation to be placed on the important agenda of the party Committee and government. In some places, the propaganda of people's mediation is not enough, which makes the atmosphere of general concern, recognition and support for people's mediation relatively lacking, and the role of people's mediation is far from the cognitive level of the public; There are still many people who think that people's mediation is not mandatory and mediation can't play a big role, so that when there are contradictions and disputes, they either go to court or petition, or simply "speak with their fists"; Some departments don't have the consciousness of * * * to participate in and take care of * * *, so that mediation organizations and mediators fight alone and it is difficult to deal with some complicated contradictions and disputes.

Third, there are weak links in the construction of people's mediation organizations. At present, the construction of new mediation organizations such as enterprises, institutions, regions and industries is still relatively weak, and there are "faults" and "gaps". For example, the coverage of mediation organizations in enterprises and industries is low, and the task of mediation organization construction is quite arduous; Township (street) mediation organizations are weak, except for a few towns (streets) with full-time mediators, most of them are part-time, and their work is easy to attend to one thing and lose another; Some village-level mediation organizations have irregular procedures, frequent personnel changes, unstable mediators, frequent replacement, and poor familiarity and continuity of work; After the merger of village groups, the scope of village groups has expanded, and the absolute reduction of the number of mediation team members brought about by this has formed a great contrast with the relative increase of civil disputes.

Fourth, the overall quality of the people's mediation team is low. Most grassroots people's mediators are cadres of neighborhood committees and village committees, and village (community) cadres hold several positions. Their work tasks are heavy, they can't concentrate on mediation, and the quality of their personnel is uneven. Most of them have low academic qualifications, poor legal knowledge, low policy level and low mediation skills. Some even have difficulty in making mediation transcripts and mediation books. Many mediators are still at the traditional "mediator" level and are not competent. In addition, the village (neighborhood) committee is changed every three years, and a group of mediators who have received guidance, participated in training and are familiar with the business have been replaced. The successor has a process of training, guidance and familiarity from scratch.

Fifth, the lack of mediation funds has become a bottleneck restricting the innovative development of mediation work. People's mediation does not charge any fees, but the mediation work can't be carried out without the necessary material guarantee and financial guarantee. According to the "Opinions of the Ministry of Finance and the Ministry of Justice on Further Strengthening the Guarantee of People's Mediation Funds" and the "People's Mediation Law", the working funds of the People's Mediation Business Fund Coordination Committee, the mediator subsidy funds and the commendation and reward funds have not been well implemented. People's mediators often delay their work because of mediation disputes, and even have to bear the expenses of transportation, communication, meals and so on. Without funds, it is difficult to implement "case compensation" and "compensation with awards", and the assessment and rewards and punishments are ineffective, which affects and restricts the development of mediation work, dampens the enthusiasm and initiative of mediators, and it is even more difficult to recruit high-quality personnel who understand the law and policies to enrich the mediation team.