調解（調處）制度之研究──兼談調解人之法律風險

A Study on the Mediation System

調解程序應以自由處分為原則，且應強調真正之自由，而非在調解人有意無意在對於相關利益狀態未充分知悉及為充分告知下而誤導關係人作成權利處分，可惜此一觀念在我國尚屬淡薄，以致部分調解或調處程序操作者，誤以為調解程序可如同菜市場喊價，而誤認反正當事人自己處分了，調解人領了車馬費或報酬，便無責任了。忽略調解之基本精神及調解人應有之專業精進與調解技巧之掌握。此一情形甚易造成當事人權益因調解程序而受害，尤其對於弱勢者之正義追求，如同鴉片般之自我催眠與耽溺而已。

The mediation or adjudication system is widely adopted in resolving civil disputes in Taiwan. How they really operate are different . However, what principles should govern the mediation or adjudication system and whether such systems are reasonably applied deserve further examination. The mediation system relies upon the independent decision-making of the parties based on his or her recognition of the merits of matters. In case where settlement reached out of information wrongfully given by mediators, it is worthy of discussion whether the mediator shall be exempted from liability especially when he or she had actively recommended the resolution at issue.