关键词： 诉讼调解, “合意贫困化”, 调审合一, “枫桥经验”, “枫桥式人民法庭”

Abstract: In judicial practice,the dilemma of "consensus impoverishment" in litigation mediation has become prominent,manifesting as coerced "consent",rights-sacrificing "goodwill",and zero-sum "arbitrariness",which severely undermine mediation quality and judicial credibility.The institutional roots lie in how the "integration of mediation and adjudication" fosters power imbalances and distorts the principle of voluntariness under specific policy incentives,while procedural deficiencies—including a lack of standardization and effective "consensus-inducing" mechanisms—lead to inadequate substantive communication and procedural randomness.The "Fengqiao Experience" (a governance model emphasizing social collaboration and conflict resolution at the community level) in the new era provides valuable practical wisdom and institutional insights for litigation mediation through its consensus-building mechanisms,such as multi-stakeholder collaboration,source governance,integration of reason,sentiment and law,public participation,and digital empowerment.To overcome "consensus impoverishment" and enhance the effectiveness of litigation mediation,the consensus mechanisms of the "Fengqiao Experience" should be systematically embedded throughout the entire mediation process.A "progressive embedding path" spanning both court and tribunal levels and covering all stages should be established,with key measures including strengthening collaborative governance and digital empowerment before litigation,standardizing professional mediation and safeguarding voluntariness in the pre-trial phase,clarifying the adjudicative role and exploring the separation of mediation and adjudication during trial,and extending reconciliation and social collaboration post-judgment.These steps will optimize the environment for consensus formation,supported by profound reforms in evaluation mechanisms that de-emphasize overreliance on mediation rates and reinforce quality orientation.This approach ultimately aims to establish a new litigation mediation model centered on high-quality consensus,capable of effectively resolving disputes and better serving grassroots governance.

Key words: litigation mediation, "consensus impoverishment", integration of mediation and adjudication, "Fengqiao Experience", "Fengqiao-style" People's Tribunal