浅议从法院调解到诉讼和解

From the Court Mediation to the Lawsuit Reconciliation

对法院调解的弊端探讨由来已久,诉讼和解具有法院调解的优点,同时也具有自身优点:在以当事人为主导的同时适当发挥法官的能动性,充分体现当事人自愿与处分权原则,因此,应当用诉讼和解来取代法院调解,使诉讼和解成为法院调解改革的方向。

The court mediation has a lot of flaws. The lawsuit reconciliation which inherits the merits of the court mediation can bring the judges＇ activity into play based on taking the litigants as leading factor. The lawsuit reconciliation which embodies the voluntariness and disposition principle will be the reform direction d the court mediation.