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第一,调解是人民法院的民事诉讼活动,是法律赋予人民法院的一项职权。具体来说: (1)法院调解又称诉讼中调解,与诉讼外调解不同。一是诉讼外的调解无论是哪种形式,都不具有诉讼性质。而法院调解是《民事诉讼法》规定的,当事人协商解决纠纷,结束诉讼,维护当事人合法权益,审结民事案件的制度;二是法院调解是人民法院和当事人进行的诉讼活动,由法官主持,是人民法院审理活动和当事人活动的结合;三是法院调解协议,经法院确定即具有法律效力。 (2)法院调解必须依法进行。 (3)调解协议具有法定形式,经法定程序才能生效。《民事诉讼法》第八十九条规定:调解达成协议,人民法院应当制作调解书。调解书应当写明诉讼请求、案件的事实和调解结果。调解书由审判人员、书记员
First, mediation is a civil lawsuit activity of a people’s court and is a power conferred on the people’s court by law. Specifically: (1) Court mediation, also known as litigation mediation, is different from litigation mediation. First, no matter what form the mediation outside the lawsuit is, there is no litigation nature. The court mediation is the “Civil Procedure Law,” the parties negotiated settlement of disputes, the end of litigation, safeguard the legitimate rights and interests of litigants, concluded the civil case system; second is the court mediation is the people’s court and the parties litigation activities, chaired by the judge, is The combination of trial activities of the people’s court and the activities of the parties; and third, the court mediation agreement, which is legally effective as determined by the court. (2) Court mediation must be conducted according to law. (3) The mediation agreement has the legal form and can only take effect after the legal procedure. Article 89 of the Code of Civil Procedure stipulates that if an agreement is reached through mediation, the people’s court shall make a conciliation statement. The conciliation statement should state the claim, the facts of the case and the outcome of the conciliation. Mediation by the trial staff, clerk