中国调解制度从传统模式到现代模式的延伸及其对策

On the Extension of the Mediation System of China from the Traditional Mode to the Modern Mode and the Measures to Adapt to This Change

中国传统的调解制度在促进纠纷解决机制的多样化发展中扮演了很重要的作用。随着现代社会发展中权利意识的苏醒、主流信仰的偏移和调解协议效力的微弱,当人们将传统调解机制遗忘并寄予诉讼来解决所有纷争时,诉讼的弊端却也开始显现出来。由此,建立ADR模式的诉前调解机制,使传统调解制度在现代法治中得以延伸就成了一种必要而可能的现实选择。

The traditional mediation system in China has played an important role in promoting the diversification of dispute settlement mechanisms. With the awakening of the right consciousness of the public in the development of the modern society, the deviation from the dominant beliefs and the weakening of the validity of mediation agreements, more and more people seem to have forgotten the traditional mediation mechanisms and resort to lawsuit to settle their disputes. However, the defects of lawsuit are beginning to appear. Hence, a possible realistic choice is to establish an ADR （alternative dispute resolution） modebased pre-pleading mediation mechanism so that the traditional mediation system can be extended with the modern rule-of-law spirit.