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人民法院调解室的设立为调解工作开拓了新思路、新途径,也为专职化调解工作铺垫了道路。以专职调解某一类型案件为特点的调解工作将会是今后调解工作发展的新趋势。法官工作的专业化特点在调解工作中的突出变化集中表现为今后会产生越来越多的专职化调解能手,作为首当其冲的婚姻案件专职调解工作将会迎来新的生机与活力。笔者从婚姻案件专职调解制度设立的必要性与可行性出发,以专职调解制度的架构为核心,探讨了专职调解员所必须达到的年龄要求、心理要求、业务要求和社会要求;从专职调解绩效考核标准上进行改革尝试,对整个制度建设与调解活动所应遵守的基本原则进行了具体阐述,并对司法实践中出现的一些问题展开了新的认识和理解,以此为婚姻案件专职调解制度的建立与完善提供理论支撑和实践参考。
The establishment of the people’s court mediation room has opened up new ideas and new ways for mediation and paved the way for full-time mediation. Conciliation work characterized by full-time mediation of certain types of cases will be a new trend in the development of mediation in the future. The outstanding change in the mediation work of the specialization of judges’ work has been manifested in the fact that more and more full-time mediators will be produced in the future. Full-time mediation as the most important marital case will usher in a new vitality and vitality. Based on the necessity and feasibility of establishment of a full-time mediation system in marriage cases, the author discusses the age requirement, psychological requirements, business requirements and social requirements which must be met by full-time mediators with the framework of full-time mediation system as the core. Try to carry out reform attempts on the assessment criteria, elaborated the basic principles to be followed in the construction of the entire system and the mediation activities, and carried out a new understanding and understanding of some problems that emerged in the judicial practice as a system of full-time mediation in marital cases The establishment and improvement of the theoretical support and practical reference.