家事調解的理論基礎與課題──從英國家事事件調解實踐談起

The Rationale and Role of Family Mediation: A UK Perspective

依統計，二○一四年至二○一八年各一審法院每年平均終結25,500餘件家事調解事件，已發揮紓解訟源及減輕法官裁判負擔之效能。臺北地方法院更自二○一四年起，率先引進家事專辦調解法官制度，調解成效大幅增加。另有學者，以家事事件當事人需求出發，嘗試建構家事法院為「準諮商」法院，凡此，足證家事調解制度之於整體家事司法系統之重要性。家事調解制度在英國行之有年，有關家事調解制度的角色與定位，隸屬於行政福利之一環，而非是司法作用，家事調解委員自我角色認知如何，皆有清楚豐富實務操作規範可循，筆者期望藉由此文的探討，導入英國家事調解制度的介紹，體認家事法院與家事調解的功能，期能加強我國對於家事調解資源的重視，達成解決家事紛爭之立法目的。

According to judicial statistics from 2014-2018, mediation cases terminated in the first instance by the District Courts are up to 25,500 each year. This ADR has reduced backlogs of cases and lessen the judges' caseloads in practice. The Family Division of the Taipei District Court in 2014 first adopted the full-time Mediator-Judge to make mediation cases more efficiently. Some suggests that family court shall adapt a quasi-counseling model in family court proceedings. All of these prove the significance of family mediation as to family justice system. The family mediation system in the UK has a long-time practice and it is classified as the category of the administrative service, rather than judiciary. In practice, it has developed clear guidelines to be followed relevant to the self-identity of the family mediator's role. This article explores the rationale of family mediation in the UK, the difference of the role between family court and family mediation, in the hope of increasing the resources on family dispute resolution by mediation.