The Disadvantages and Improvement of the Right to Revoke in Mediation Systems

Abstract

The establishment of the right to revoke in mediation systems was originally intended to fully respect and protect the parties' right to dispose of their own rights. It allows parties more time and opportunities to consider how to handle their rights, preventing irrational decisions, choices, or concessions from causing unnecessary harm to their legitimate rights during the mediation process. However, due to the lack of strict limitations on the conditions under which the right to revoke can be exercised, parties often fail to consider the litigation costs when exercising this right. This has led to the abuse of the right to revoke in judicial practice, resulting in wasted judicial resources, inefficient litigation, and damage to the credibility of the court. To address these issues, it is necessary to improve the provisions of the mediation system regarding the right to revoke, while ensuring the principle of voluntariness. Additionally, enhancing the mediation capabilities of judges will help prevent arbitrary use of the right to revoke, reduce its frequency, and promote the substantive resolution of conflicts, ultimately preventing the mediation system from being undermined.