调解应建立在事实清楚、分清是非的基础之上。法院在调解过程中,应对调解协议中处分的标的物上是否有案外人利益,即当事人是否对标的物享有完整的处分权这一基本事实进行审查。在大力倡导以调解方式结案、促进司法和谐的背景下,应注意防止当事人采用调解方式损害第三人利益或国家、集体利益。 Mediation should be based on facts that are clear and right and wrong. During the process of mediation, the court should examine whether the subject matter of the mediation agreement has the benefit of the outsider, that is, whether the party has the complete right to dispose of the subject matter under review. In vigorously advocating the settlement by mediation and promoting judicial harmony, care should be taken to prevent the parties from using the mode of conciliation to undermine the interests of third parties or the interests of the state and the collective.