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笔者通过对广州市诉讼调解状况的问卷调查和深度访谈,从实证和比较的角度分析,发现目前广州市诉讼调解存在不少问题,主要有:案件压力大、法官助理制度和调解考核制度有待完善,当事人对法院调解制度认识不高等,尚有进一步改进的空间。我国加强诉讼调解工作应遵循以下思路逐步推进:(1)建立、完善法官助理制度,进行庭前调解;(2)健全调解网络,缓解法院诉讼压力;(3)结合三率——当事人满意率、申诉率和调解率,完善调解考核机制;(4)重视对当事人进行调解宣传,激发其调解意向;(5)提高调解员调解水平。
Through the questionnaire survey and in-depth interviews on the state of litigation mediation in Guangzhou, the author analyzes from the angle of both evidence and comparison and finds that there are many problems in litigation mediation in Guangzhou at present. There are many problems such as the pressure of cases, the assistant system of judges and the system of mediation and assessment There is still room for further improvement of the parties’ understanding of the court mediation system. China’s step-by-step efforts to mediate the litigation should be gradually promoted according to the following thoughts: (1) Establishing and perfecting the system of judges and assistants, and conducting pretrial court mediation; (2) Perfecting the mediation network and alleviating court litigation pressure; (3) Combining the three rates of satisfaction with the parties , Appeal rate and mediation rate, improve the mediation and assessment mechanism; (4) attach importance to the parties to mediate and promote their intention to mediate; (5) to improve mediation mediators.