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调解作为当事人之间共识达成的一种模式,需要受到合法性要素的考量,商谈共识论基础上的合法性获得,要求调解本身要面对真实、真诚和正确三大有效性诉求。真诚性诉求是连接真实与正确两大诉求之间的桥梁。从更大程度上可以说,真诚性诉求的满足是合法性获得的核心因素,并最终落实在法官的主观真诚意图之上。研究结果表明,作为调解参与者的法官,要同时保证三大有效性诉求实现,从事实走向规范,首先要真诚调解。
As a model reached by consensus among parties, mediation needs to be considered by the elements of legitimacy and the acquisition of legitimacy on the basis of consensus. It is required that mediation itself be faced with the three demands of truthfulness, sincerity and correctness. The pursuit of sincerity is the bridge between the two big demands of connecting reality with correctness. To a large extent, it can be said that the fulfillment of sincerity is the core factor of obtaining legitimacy, and finally it is implemented on the subjective sincerity of the judge. The results of the study show that as judges who mediate, they must at the same time ensure that the three major demands for effectiveness are realized. From facts to norms, they must first of all mediate in good faith.