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法院调解,亦称诉讼调解,是在人民法院审判人员的主持下,双方当事人通过自愿协商,达成协议,解决民事争议的活动和结案方式。调解制度是我国民事诉讼中最具中国特色的一项制度,它能够及时、有效、彻底地解决民事权益纠纷,提高办案效率,减少诉讼成本,对于及时化解矛盾,维护社会稳定,促进经济的发展曾经发挥了巨大作用,也是目前我国法院运用较多的一种处理民事诉讼的结案方式。可是,近年来随着审判方式改革的进行,现行调解制度日益暴露出它的局限性和诸多弊端,法院调解在实践中遇到了种种问题,调解率呈下降趋势。如何使我国的调解制度更能适应社会发展的要求,在解决社会纠纷中发挥更大的作用,是目前人民法院面临的一个重要课题。
Court mediation, also known as litigation mediation, is an agreement reached by both parties through voluntary consultation to resolve the activities of civil disputes and the settlement method under the auspices of the trial people of the people’s courts. The mediation system is the most Chinese system of civil litigation in our country. It can promptly, effectively and thoroughly solve disputes over civil rights and interests, enhance the efficiency of handling cases and reduce the costs of litigation. It is of great importance for the prompt resolution of conflicts, the maintenance of social stability and the promotion of economic development Once played a great role, it is also a kind of settlement method of handling civil litigation in our country. However, with the reform of the trial method in recent years, the existing mediation system has increasingly exposed its limitations and numerous drawbacks. Court mediation has encountered various problems in practice and the mediation rate has been declining. How to make our mediation system more adaptable to the requirements of social development and to play a greater role in resolving social disputes is an important issue currently facing the people’s court.