民事纠纷合意解决机制的韩国经验及其启示

Abstract:In South Korean civillitigation，there is not only reconciliation，but also mediation.For the former，it refers to both parties expressing their consensus in the resolution to a dispute in issue in front of the court，thus bringing an end to the litigation.As for mediation，South Korea promulgated in 1990 a Civil Mediation Law，including civil disputes into the jurisdiction of court mediation.In resolving civil disputes，reconciliation and mediation have attended to the consensus and rationality on the part of the disputing parties，which not only improves the efficiency of dispute resolution，but also alleviates the juridical burdens on the court.It thus has played an indispensable role in maintaining social stability and interpersonal relations.Nevertheless，in the South Korean law，there is a clear difference between reconciliation and mediation.A coordination between their development can offer many lessons for China to learn from.For instance，the implications can include a reasonable positioning of court mediation，a greater emphasis on the reconciliatory role by the court，and the establishment of a scientific mechanism to build consensus.

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