对于法院调解这样一项纠纷解决机制,不论是普通社会民众还是法院的工作人员,都抱有相当程度的信任与期待。法院调解有诸多优势不假,但却并不像它表面所呈现出的那样“形势一片大好”。法官和律师们对于调解有一个普遍的认识:调解工作主要针对原告展开,达成协议往往要以原告牺牲部分利益为代价。出现这种情况,是因为法官对高调解率的追求而产生的不当做法。从长远来说,这会削弱民众对于法院的信任感,不利于法院树立其权威性,有悖于构建法治社会的需要。 For such a dispute resolution mechanism as court mediation, both the ordinary public and the court staff have a fair amount of trust and expectation. Court mediation has many advantages, but it is not as “superb.” Judges and lawyers have a general understanding of mediation: mediation is mainly directed at plaintiffs, and reaching an agreement often requires the plaintiffs to sacrifice some of their profits. This happens because of improper practices by the judge in pursuit of high rates of mediation. In the long run, this will weaken the public’s sense of trust in the courts and will not be conducive to establishing the authority of the courts and the need of building a society ruled by law.