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法院分层调解机制的建立是我国新《民事诉讼法》的重要举措之一,这一机制由立案调解、审前调解和审中调解三个层次相对清晰的调解阶段构成,这三个阶段的调解是根据纠纷的具体情形和案件的发展态势分别设定的选择性机制。虽然在司法实践中围绕相关的调解机制已经积累了一定的经验,但在立法中的体现仍嫌粗略,特别是在具体的运作程序上缺乏具体规定,应在准确把握相关立法理念的前提下,参考相关司法文件的规定,对法院调解的运作程序加以细化和完善。
The establishment of the system of hierarchical mediation in courts is one of the important measures in our country’s new Civil Procedure Law. This mechanism consists of relatively clear phases of mediation at the three levels of mediation on trial, trial mediation and mediation on trial. Mediation is a selective mechanism that is set separately according to the specific circumstances of the dispute and the development trend of the case. Although some experience has been accumulated in the judicial practice around the related mediation mechanism, its implementation in the legislation is still notoriously rough. In particular, it lacks specific provisions in specific operational procedures. Under the premise of accurately grasping the concept of relevant legislation, Reference to the relevant provisions of the judicial documents, the court mediation process to refine and refine.