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调解是指具有中立性的第三者通过当事人之间的意见交换或者为其提供正确的信息,帮助当事人达成合意,解决纠纷的活动。法院调解即中立的第三者为法院的调解。法院调解制度在中国的纠纷解决机制上一直扮演着重要角色,它与作为中国传统文化代表的儒家思想早有不谋而合之处。儒家的中庸、和为贵和息讼的思想精髓几千年来所孕育的中国社会传统文化,为法院调解制度的生存与发展提供了前提条件,并使之成为各个阶层、各种角色广泛接受的解纷方式。在关于解纷机制改革的探讨与尝试中,甚至出现了建议彻底废除法院调解制度的一派学说。因而对法院调解制度在中国解纷机制中的地位与作用进行考察与分析,明确法院调解制度的价值以及今后的发展方向,对于解纷机制改革的研究具有重大意义。
Mediation refers to the neutrality of third parties through the exchange of opinions between the parties or to provide them with the correct information to help the parties reach a satisfactory settlement of disputes activities. The mediation of a court is a mediation of the court by a third party who is neutral. The court mediation system has always played an important role in the dispute resolution mechanism in China. It has long coincided with the Confucianism as the representative of Chinese traditional culture. The Golden Mean of Confucianism and the Ideological Essence of Existence and Interest Litigation Traditional Chinese culture, which has been nurtured for thousands of years, has provided the preconditions for the survival and development of the court mediation system and has made it a target for all classes and various roles to be widely accepted Solution to the dispute. In the discussion and attempt to reform the dispute resolution mechanism, there appeared to be even one school of thought that suggested the total abolition of the court mediation system. Therefore, it is of great significance to study the status and role of the court mediation system in the dispute resolution mechanism in China, clarify the value of the court mediation system and its future development direction.