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近些年来,我国商事调解发展迅速,商事调解组织不断扩大,调解的专业性水平不断增强。但鉴于我国法律目前规定商事调解协议的效力与合同等同,不具有强制执行力,现实中常常出现双方达成协议后不履行的情况,影响了商事调解效力的发挥。本文在分析商事调解的特点与优势、赋予商事调解协议更强效力的合理性的基础上,借鉴国外调解的经验与特点,探寻如何更好地保障商事调解协议的效力。当前条件下,通过立法直接赋予商事调解协议更强的效力尚缺乏可行性,可以通过在调解过程中加强对当事人履行能力的审查、完善司法确认和诉调对接制度等,逐步完善商事调解协议的效力。
In recent years, the rapid development of commercial mediation in our country has brought about the continuous expansion of commercial mediation organizations and the continuous improvement of the professional standards of mediation. However, given that the law of our country currently stipulates that the effect of the commercial mediation agreement is the same as that of the contract and does not have enforcement power, in reality, the situation of non-performance after the two parties reached an agreement often affects the effectiveness of commercial mediation. Based on the analysis of the features and advantages of commercial mediation and the rationality of the more effective commercial conciliation agreement, this article draws lessons from the experience and characteristics of foreign mediation to find out how to better protect the effectiveness of the commercial mediation agreement. Under the current conditions, the direct effect of legislation on the commercial mediation agreement is still lacking in feasibility. We can gradually improve the mediation agreement by improving the examination of litigants’ ability to perform during the mediation process and perfecting the system of judicial confirmation and appealing. Effectiveness.