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一、荷兰法院转介调解的背景作为一个具有商人传统的国家,调解在荷兰的发展可追溯至400多年前。1597年,莱登就发起了莱登调解合议庭组织(Leyden Peacemakers collegialbody)。法院受理案件后,通常会组织调解,并要求诉讼参与人必须首先将其争议提交调解。但是自20世纪五六十年代起,由法院组织的调解方式逐渐被摒弃。荷兰的法律文化一向秉承实用主义理念。方便、快捷、非正式的解决纠纷机制已经在荷兰的法律体制中存在多年。众多解纷机制运行良好,如纠纷解
I. Background of Referral of Conciliation by Dutch Courts As a country with a traditional business tradition, the development of conciliation in the Netherlands dates back more than 400 years. In 1597, Leiden launched the Leyden Peacemakers collegialbody. After the court accepts the case, the mediation is usually organized and the litigant must first submit their dispute to mediation. However, since the 1950s and 1960s, the mode of mediation organized by the courts has gradually been abandoned. The legal culture in the Netherlands has always upheld the concept of pragmatism. Convenient, fast and informal dispute resolution mechanisms have existed in the legal system in the Netherlands for many years. Many dispute resolution system is running well, such as dispute resolution