一谈及调解,人们依常识都可知,它是指在中立第三人的介入和斡旋下,双方当事人通过协商达成和解以解决纠纷,是非常具有中国传统的一项纠纷解决机制。论及到此,话语虽然简单,但实际上却已经涉及了理解调解实践和调解制度的两种不同的立场。从功能主义的角度考察,调解是一种重要的解决纠纷的 When it comes to mediation, people know by common sense that it means that under the intervention and mediation of a neutral third party, the two parties reached a settlement through the negotiation to resolve the dispute. It is a dispute resolution mechanism very much in Chinese tradition. In so far as the discourse is simple, it has actually involved two different positions of understanding of the practice of conciliation and the system of conciliation. From the perspective of functionalism, mediation is an important solution to disputes