诉讼与调解对接机制在我国有其历史传统。它是熟人社会的要求,国家法与民间法契合的产物,无为而治思想引导的结果,也是诉讼成本高昂、调查取证困难、司法对秩序控制的必然结果,诉调对接传统对当代法治秩序构建有启发意义,表明法治不是解决纠纷的最佳手段,解决纠纷必须关注文化传统,纠纷解决方式是演变的结果,非刻意的主观设计。 The docking mechanism of litigation and mediation has its own historical tradition in our country. It is the request of the acquaintance society, the product of the combination of the state law and the folk law, the result led by the thought of doing nothing and the rule of law, but also the inevitable consequence of the high cost of litigation, the difficulty of investigation and evidence gathering and the judicial control over the order. It is instructive to point out that the rule of law is not the best way to resolve disputes, that disputes must be focused on cultural traditions, that dispute resolution is the result of evolution, and that subjective designs are not deliberate.