法院调解高反悔率现象审视与调解制度的回归

Thinking About the High Rate of Estopples in Meditation in Court and the Nature of Meditation

法院调解作为一种重要纠纷解决方式,承载诸多应有和不应有的司法功能,体现时下司法的价值取向。法院调解被推崇和兴起的同时,高反悔率现象持续涌现。问题的主因可归结于法院调解被置于不恰当的高度,进而作为法官工作考核指标,也存在当事人诉讼行为等诸多影响因素。消解高反悔率的可能出路在于回归法院调解的本质和应有地位上来,并选择有效的调解模式和进行制度创新。

Mediation in court which has many judicial functions as an important way to resolve the disputes; also show the value orientation of judicial at present time. However, when the mediation in court has been held in high esteem and been raised, the rate of estoppels keeps on rising. The leading cause of the problem is that mediation in court has been placed at a wrong height, and then as a job evaluation target for the judge, also has been pushed by many factors as the parties＇action. The way to resolve this problem is to emphasize the essence and the status of mediation.