诉讼调解协议性质及效力论析

Analysis on Character and Efficiency of Contract of Mediation in Civil Litigation

建设和谐社会必须能够及时化解社会纠纷,诉讼调解作为解决纠纷的一项重要制度,与其他形式的调解相比,具有独特的优势。在实践中,这种独特的优势往往受制于调解协议性质及诉讼调解协议的效力而不能充分发挥。为此,一方面,必须以新的视角审视诉讼调解的内涵及价值;另一方面,必须看到,调解协议是在民事诉讼过程中,在法官等调解主持人的主持下达成的,其内容不仅限于实体权利义务,也包括对双方当事人诉讼权利义务的处分,具有准强制执行力的特性。

soeial disputes should be resolved in order to found hannonious society. As an important system to resolve disputes, the mediation in civil litigation have advantages comparing to other kinds of mediation .However, it is limited by its character and efficiency of contract of mediation in practice. So, we should study its concept and values on one hand, and we should realize that contract mediation is reached through the help of judge or others on the other hand, including substantive and procedural rights of the parties . In a word, the contract of mediation owes semi - obligatory - executive character.