论保险业非诉调解及其效力

On Insurance Non-Lawsuit Mediation and Its Validity

在加强和创新社会管理、构建和谐社会的背景下,崇尚并运用非诉调解方式化解保险合同纠纷,尤为必要和迫切。非诉调解蕴含多元的法理价值,包括自由、秩序、公正和效率等。保险业运用人民调解、行业调解和行政调解等非诉调解机制,深入实践并积极探索,妥善化解矛盾纠纷。应当建立完善保险业非诉调解协议效力司法确认机制,构建保险业多元化大调解格局,加大政策支持和宣传力度,充分发挥非诉调解的法律效力和综合效应。

In the context of strengthening and innovating social management and building a harmonious society,it is particularly necessary and urgent to advocate and apply non-litigation mediation to resolve the dispute of an insurance contract.Non-litigation mediation contains multiple legal values,including freedom,order,justice and efficiency.With practicing deeply and exploring actively,the insurance industry utilizes non-litigation mediation mechanism such as people＇s mediation,industry mediation and administrative mediation to resolve contradictions and disputes properly.And with increasing policy support and advocacy efforts,the insurance industry should establish and perfect the judicial confirmation mechanism of non-litigation mediation agreement and build a diversified pattern of large mediation to bring the legal and combined effect of non-litigation mediation into full play.