民事纠纷调解解决机制研究

Studying on the Mechanism of Civil Dispute Resolution by Mediation

人民调解制度在诉讼时代面临着挑战,行政调解被司法机关漠视,调解与审判的结构关系未能理顺,现行的各种调解制度“各自为战”,尚未形成合力。法院应设置专门的调解机构,建立对法院外调解协议的司法审查制度,从而实现法院调解与法院外调解的有效互动和有机衔接,同时,应尽快出台《民事调解法》。

Challenges are facing the social mediation in the era of litigation, the mediation by government is ignored by the court and the relationship between mediation and trial is not handled properly. Each in existing mediation does things in his own way which does not engender unitary force. This article points out that court - annexed mediation should be set up, the judicatory examination on agreement by mediation be instituted, the connection with mediation in court or out of court be joined internally and at the same time the Act of Civil Mediation be formulated as soon as possible.