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本文结合审判实践,对调解和裁判各自具有的优势进行了分析比较,对冲突产生的根源进行了剖析。认为调解和裁判既对立冲突,又优势互补,相辅相成,如果协调与处理好二者的关系,就可以达到司法理想中的公平与效率。
Based on trial practice, this article analyzes and compares the respective advantages of mediation and referees, and analyzes the root causes of the conflict. They believe that mediation and referees can not only oppose each other but also have complementary advantages and complement each other. If the relationship between the two can be coordinated and handled well, the fairness and efficiency of the judicial ideal can be reached.