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婚姻案件举证难、争执大、处理结果对家庭影响大,这给法院的审理带来了不便,草率地判决离与不离的做法会造成当事人不满、对立情绪大,上诉、上访率高。针对这种现状,在诉讼调解得到重新认识和定位的今天,如何运用调解来化解当事人的冲突情绪和紧张的人际关系,是法院不得不思考的问题。为贯彻婚姻案件的调解原则,笔者认为,可以设立缓和期,抓好庭前、当庭、庭后的三段调解法,以实现法律效果和社会效果相统一。一、设立缓和期三段调解法的理论预设、现实回应及法律依据婚姻案件中的调解是以调整、恢复人际关系为主要宗旨,谋求纠纷的圆满解决。所以婚姻案件中的调解若按功能为标准进行划分的话,其类型既可归入
Marriage case is difficult to prove, big dispute, the results of the treatment of the family impact, which brought inconvenience to the court hearing, the verdict of indifference will cause the parties dissatisfaction, antagonism, appeal, petition rate is high. In view of this situation, how to use mediation to resolve the parties’ conflict sentiment and tense interpersonal relationships is a question that the court has to think about today when the mediation of litigation has been re-recognized and positioned. In order to carry out the mediation principle of marital cases, the author believes that it is feasible to set up a moderation period and take the three steps of mediation before, in court and after the court in order to achieve the unity of legal and social effects. First, the establishment of the preconditioning, the practical response and the legal basis of the three-stage conciliation law of the easing period The conciliation in the marital case is based on the adjustment and restitution of the interpersonal relations as the main purpose and the successful resolution of the dispute. Therefore, if the mediation in a marriage case is divided according to the function, the type can be classified as