诉讼外纠纷解决机制,其解决方式具有替代性、灵活性和自主性等特征,它能够有效化解社会发展与法律滞后之间的矛盾,节约社会成本,促进社会共同体的形成,并为司法改革提供模式借鉴。在司法实践中,诉讼外纠纷解决机制还存在诸多问题,亟待立法予以明确:一是明确诉讼外纠纷解决方式的民间属性;二是诉讼外纠纷解决体系,应涵盖新型的专业性调解组织,且人民调解方法不拘形式;三是应强调将当事人自觉履行调解协议作为法定义务。 Dispute resolution mechanism outside litigation, its solution has the characteristics of alternative, flexibility and autonomy. It can effectively resolve the contradiction between social development and legal lag, save social costs, promote the formation of social community and provide judicial reform Model reference. In judicial practice, there are still many problems in dispute settlement mechanism outside of litigation, and it is urgent to make the legislation clear: one is to clarify the non-litigious nature of litigation dispute resolution; the other is the dispute settlement system outside litigation should cover new types of professional mediation organizations; The method of people’s mediation is informal. Thirdly, it is necessary to emphasize that it is the legal obligation for the parties concerned to conscientiously fulfill their conciliation agreement.