调解不具有审判职能,是法官介入的但无需对案件进行审查判断的活动。法官的作用在于中介沟通并最终赋予其强制执行的效力。现行的调解制度未充分考虑当事人的地位和意愿,且法官具有调解者和审判者双重身份,从而导致法官具备“玩调解于股掌”的机会和条件。因此,调解制度重构的关键就在于限制法官角色转换,提高当事人的自主性。 Mediation does not have the trial function, is involved in the judge but does not need to review the case to judge the activities. The judge’s role lies in the intermediary’s communication and ultimately its enforceability. The current mediation system does not take full account of the parties’ status and wishes, and the judges have dual identities of mediators and judges, resulting in the judges having the opportunity and conditions of “playing mediation.” Therefore, the key to reconstruct the mediation system lies in restricting the conversion of judges and enhancing the autonomy of the parties involved.