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所谓调解,是指当事人在纠纷发生后,由第三者通过说服和劝导当事人,使当事人之间的纠纷在互谅互让的基础上得到解决。调解与仲裁和诉讼的区别在于: 1、解决争议的主体不同。在调解案件中,解决争议是由调解员来进行。调解员的指定比仲裁员的指定更为灵活,在一个案件中,只要当事人同意,可以由一名或多名调解员来调解争议。而在仲裁员案件中,一般是由一名或三名仲裁员来审理案件,严格按照规则办理。与审判员相比,其差别就更大了,因为法官的权力是国家赋予的,当事人是无权来自己选择法官的。
The so-called mediation, refers to the parties in the dispute, by a third party through persuasion and persuasion of the parties, so that disputes between the parties on the basis of mutual understanding and mutual accommodation to be resolved. The difference between mediation and arbitration and litigation lies in: 1, different subjects of dispute settlement. In mediation cases, dispute resolution is carried out by mediators. The appointment of a mediator is more flexible than the appointment of an arbitrator, and in one case, one or more conciliators may mediate the dispute with the consent of the parties. In the case of arbitrators, the case is usually handled by one or three arbitrators and handled in strict accordance with the rules. Compared with the judges, the difference is even greater, because the judge’s power is given by the state, the parties are not entitled to choose their own judges.