自愿与强制,在合意解决纠纷的过程中既相互排斥,又相互依存。纠纷的主体在达成合意的过程中往往包含有妥协的成分,但是妥协并不等同于合意。本文从当事人自行达成合意与当事人基于第三方的介入达成合意两个角度来分析合意机制中的被迫妥协存在的不合理性,并进而提出解决方案。 Voluntary and coercive, both mutually exclusive and interdependent in the process of resolving disputes. The main body of the dispute often contains elements of compromise in the process of reaching agreement, but compromise does not mean the same. This article analyzes the irrationality of the forced compromise in the desirable mechanism from the perspective of the parties reaching their own agreement with the parties based on the intervention of the third parties, and then proposes the solution.