人民调解协议的合同效力

上世纪末,人民调解制度对于社会纠纷的解决起到了重要的作用。但进入新世纪后,调解率较之诉讼率迅速下降,这与人们的诉讼意识增强有很大关系,同时与调解协议的性质和效力不明有更主要的关系。本文对调解协议的合同效力构成及在审判过程中如何看待调解协议的合同效力等问题进行了阐述。

Contract Validity of People's Mediation Agreement

At the end of the last century, people's meditation system played a key role in settling social disputes. In the new century, however, there has been a sharper decrease in mediation rate compared with litigation rate. This phenomenon has much to do with the increase in people's awareness of going to court, but it has more to do with the ambiguity of the nature and validity of the mediation agreement. This article discusses factors contributing to the contract validity of mediation agreement and ways in which to treat the validity during the trial process.