诉讼与人民调解对接机制存在的问题与对策

Problems of Litigation and Mediation Docking Mechanism and the Countermeasures

为了缓解有限的司法资源和社会多元化需求之间的矛盾,诉调对接机制应运而生。诉调对接机制目前已经形成江苏、长宁、徐汇和浦东模式。但是在实践中诉调对接机制也暴露出法律法规欠缺、法院强行调解与机制运行保障力缺乏等问题。借鉴美国、英国、日本在诉调对接实践中的经验,我国诉调对接应完善法律法规、找准法院的定位,以形成多元衔接的诉调对接机制。

The formation of litigation and mediation docking mechanism is to relieve the contradictions between restricted judicature re- sources and various society demands. Currently it has formed four main patterns, which are applied in Jiangsu, Changuing, Xuhui and Pudong. However, the litigation and mediation docking mechanism still has several problems in the practice, such as the lack of laws and regulations and insufficient guarantee for its operation. Learning from the practical experience of litigation and mediation docking in United States, United Kingdom and Japan, our country should strive to perfect the legal system and regulations, and identify the often- tation of the courts to form a multiple convergence of litigation and mediation docking mechanism.