调解作为人民法院审理民商事案件的结案方式之一,具有迅速化解矛盾、解决纠纷、提高办案效率、节约诉讼成本等优势。近年来,在全国倡导合谐社会的大背景下,“逢案必调”成为法院共同认定和倡导的普遍原则,“调解率”也成为司法体系内部评价机制的重中之重。然而,当调解从手段变成目的,伴之而来的就是为追求高调解率而产生的强制调解、消极调解等现象,对实现案结事了的司法价值已产生严峻考验。本文从法院追求高调解率的背景入手,分析了当前法院在调解过程中存在的非法手段及后果,并提出了重构法院调解制度的意见和建议。 Mediation, as one of the ways in which people’s courts handle civil and commercial cases, has the advantage of promptly resolving conflicts, settling disputes, improving handling efficiency and saving litigation costs. In recent years, under the background of advocating a harmonious society across the country, “every case must be transferred” has become the universal principle jointly recognized and advocated by the courts, and the “mediation rate” has also become the top priority of the evaluation system within the judicial system . However, when mediation turns from means into an end, the concomitant phenomenon of compulsory mediation and negative mediation resulting from the pursuit of high mediation rates has already produced a severe test of the judicial value of the accomplishment of the case. Starting with the background of the court pursuing high rate of mediation, this article analyzes the current illegal means and consequences of the court in the process of conciliation and puts forward the opinions and suggestions of reconstructing the court mediation system.