论大调解格局下的人民调解制度定位

大调解格局是对我国社会转型、社会矛盾激增、社会纠纷亟须有效解决的积极回应,是社会管理创新之举。而人民调解制度源于传统调解制度,发展于建国后,对于预防纠纷、解决纠纷曾发挥过重大作用。但在新时期,人民调解一度因不适应社会发展未能充分发挥作用。大调解格局的形成,为人民调解的回归与功能的新定位创造条件。人民调解是社区建设、社区自治的必然要求,可以有市场、管理和司法模式的选择。人民调解是个多元的、开放的体系。     

Overcoming Barriers to Mediation in Intake Calls to Services: Research‐Based Strategies for Mediators

In this article, I investigate intake calls to community mediation services in which disputing neighbors ask mediators to help them resolve their conflicts. These calls are the first point of contact between potential clients and mediators. To maintain their organization's funding, mediators must convert a sufficient number of these callers into clients of the service. Intake calls, however, are not treated as part of the mediation process proper, and mediators are not trained to handle them. I audio‐recorded and transcribed approximately two hundred calls to mediation services based in the United Kingdom and then analyzed them using conversation analysis. I identified several factors routinely present in these intake calls that seemed to prevent disputants from ultimately engaging in the mediation process; I characterize these factors as “barriers to mediation.” These barriers include callers' lack of knowledge about mediation as a service and mediators' often ineffective methods of explaining the process. In particular, callers rejected mediation services when the mediators explained that mediation is an impartial service. Some of the mediators, however, managed intake calls differently, describing it more effectively, expressing empathy or affiliation with callers, and thus were able to overcome many of the callers' most common concerns about the process. In this article, I also discuss this study's implications for understanding the institution of mediation and for training mediators.     

A matter of balance: the European Union as a mediator in Yemen

The mediation efforts of the European Union (EU) Delegation in Yemen started with the uprising in 2011 which led to the conclusion of the National Dialogue Conference in 2014. This article examines the EU's understanding of mediation vis-à-vis its practice. The case of Yemen lends itself to trace EU mediation capabilities from the implementation of the “Concept on Strengthening Mediation and Dialogue Capacities” to a more systematic approach because the Mediation Support Team (MST) of the European External Action Service took office in 2011. Building on an analytical framework of mediation as a tool of EU foreign policy, this article demonstrates how EU mediation presents itself along a political and a technical dimension. The collaboration of the MST and the EU Delegation personnel in Yemen fostered an increase in mediation awareness. However, it could not develop its full potential as the UN Special Advisor sidelined the EU and other members of the Group of Ten Ambassadors through his proactive approach. Despite those difficulties of standing up to established actors in the field, this study argues that EU mediation is about balancing its political and technical dimension. For now, the political seems to outweigh the craft of mediation in the case of Yemen.     

法院调解“内卷化”与调解资源外部植入——以Q市两级法院人大代表协助诉讼调解实践为例

在纠纷解决的资源视角下,法院调解资源的投放情况攸关调解的效能。由于缺乏传统"马锡五审判方式"所隐含的"熟人权威"资源背景,法官更多通过增加调解工作频度以弥补熟人资源的缺失,造成了诉讼调解的"内卷化"。地方实践中的人大代表协助诉讼调解,在人大代表介入调解的正当性基础上,通过常识性话语资源优势和社会资本优势,为法院调解提供了"意外"资源支持的机遇结构,在一定程度上改善了调解"内卷化"问题。     

Victim–Offender Mediation in Cases of Intimate Relationship Violence—Ideals,Attitudes, and Practices in Finland

In Finland the first experimental mediation projects founded on the principles and ideals of restorative justice were started in the beginning of the 1980s. Before the Act on Mediation in Criminal and Certain Civil Cases (1015/2005) came into force in 2006, mediation services were provided by cities, municipalities, and non-governmental organizations. Victim–offender mediation (VOM) practices varied, and there was minimal guidance and supervision by state authorities. The Act (1015/2005) aimed to standardize mediation services and practices and enable evaluation of VOM in order to provide solutions to some of the issues raised regarding mediation in intimate relationship violence (IRV). The Act states that only police or prosecutors may initiate the process for referring a case that involves intimate relationship violence. Furthermore, mediators/facilitators who handle IRV cases are required to attain further training. This article examines the ideals, attitudes, and practices of VOM in relation to intimate relationship violence in Finland. The aims and ideals stipulated in the Act on Mediation are presented and later compared to actual practices of VOM which were obtained through the review of documented agreements. These were the end-results of VOM in cases of intimate relationship violence. The empirical data also included a questionnaire sent to mediators in three offices as well as a national questionnaire sent to prosecutors.     

Learning to Mediate? The Mediation Support Unit and the Production of Expertise by the UN

The UN Mediation Support Unit (MSU) was created to support peace processes and enable organizational learning. This article analyses the unit through a sociological lens with the aim to understand its present configuration, and what this reveals about the production of knowledge about mediation at the UN. It argues that, because of the constraints imposed by intrastate wars and the existing institutional setting within the Secretariat, the MSU emphasizes generic and depoliticized expertise, by contrast with mediation's traditional reliance on non-transferable skills. This approach, in spite of its pitfalls, enables the unit to justify its own existence and to claim a position of authority within the organization and beyond.     

论我国知识产权纠纷行政调解制度的完善

行政调解在纠纷解决方面具有独特的功能和优势,其与知识产权纠纷的特点具有相当的契合性,在我国知识产权纠纷的解决中具有不可或缺的重要地位。但目前我国知识产权纠纷行政调解制度还存在不少问题,为此我们应当从完善立法、规范程序以及加强与诉讼的衔接等方面完善该制度,以健全我国知识产权纠纷解决机制。     

司法调解中的法官修辞及其对司法公信力的影响简

在当前社会矛盾凸显时期,司法调解在纠纷解决机制中占有越来越重要的地位。作为言辞说服艺术的调解,离不开修辞技巧的使用。法官在司法调解中合理使用各种修辞方法,既能够有效说服当事人顺利接受调解结果,又能够有效执行法院的社会治理功能,有助于司法公信力的提高。但法官掌握调解和修辞技巧的能力,只是影响纠纷能否有效解决的一方面因素,更重要的影响因素是法官运用修辞调解纠纷的主观姿态。当务之急是加强法官职业道德教育,提升法官人格,确保每个法官都能秉承善意运用修辞调解纠纷,才能真正有助干司法公信力的提高。     

对检察环节适用刑事和解的思考——以富阳市人民检察院办案实践为视角简

修改后的刑事诉讼法施行以来,各级检察机关均在探索完善刑事和解程序的机制.富阳市人民检察院在办案实践中遇到多方面的现实性问题,究其根源在于对刑事和解的性质认识不深、操作程序繁琐、缺乏联动机制等.应该明确刑事和解的适用范围,构建公、检、法、司联动机制,探索多元化的和解方式,切实增强和解协议的效力.     

Are Your Disputants Insecure and Does It Matter? Attachment and Disputants' Speech during Mediation

An exploratory qualitative study explored the effect of attachment styles on disputants' speech during real‐life mediations. Drawing on attachment theory, we classified disputants as secure or insecure individuals using a self‐report attachment‐style questionnaire. Subsequently, they entered their mediation sessions, where their entire speech was recorded. Qualitative analysis of their speech yielded consistent and sometimes striking differences that portrayed secure speech as remarkably more useful and enhancing toward resolution compared with insecure speech. The findings, presented with many examples, strongly indicate the relevance of attachment to the research of communication during mediation sessions. In this report, we also consider the practical implications of the association between attachment and disputants' behavior, emphasizing the role of mediators.