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调解的开放性理论为案外人参加法院调解的基础。案外人参加法院调解是尊重当事人的自主意志,促使当事人达成协议,实现权利保障的重要手段。不过,案外人参加法院调解的主要目的为服务于当事人之间的协商,同时维护案外人的合法权益。与当事人之间的交涉存在事实和实体法上的关联性,得到所有当事人的同意,并经法院审查认为确有参加调解的必要,是案外人参加法院调解的基本条件。
The open theory of conciliation is the basis for outsiders to participate in court mediation. The participation of outsiders in the court mediation is an important means of respecting the parties own will and prompting the parties to reach an agreement to realize the guarantee of their rights. However, the main purpose of the outsider participating in the court mediation is to serve for the negotiation between the parties while safeguarding the lawful rights and interests of the outsiders. The negotiation with the parties concerned has the factual and substantive laws of relevance. It has the consent of all the parties and the need of mediation after examination by the court. It is the basic condition for an outsider to participate in court mediation.