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我国离婚纠纷实行强制调解制度,但传统的调解方式难以奏效,传统的调解组织功能萎缩。各地法院在现行的司法体制内,积极探索以寻求破解困境之道,虽取得了一些成效但是法官不堪重负。为此,有必要借鉴域外离婚调解的经验做法,重构我国离婚纠纷强制调解模式,设置婚姻调停中心,实行先行调解制度,从立法、调解员配备、程序保障、经费支持等各方面予以完善,并构建与离婚诉讼有效衔接的机制。
The system of compulsory conciliation in divorce disputes in our country is implemented, but the traditional methods of mediation are difficult to work and the functions of the traditional mediation organizations are shrinking. In the current judicial system, courts in various places have actively explored ways to seek solutions to the dilemma. Although some achievements have been made, the judges are overwhelmed. For this reason, it is necessary to learn from the experience and practice of extraterritorial divorce mediation, reconstruct the compulsory mediation mode of divorce disputes in our country, set up the mediation center of marriage, implement the system of pre-emptive mediation, improve it from the aspects of legislation, mediator, procedural guarantee and financial support, And build a mechanism that effectively links with the divorce lawsuit.