一、问题的提出调解作为我国传统的纠纷解决机制在当前的司法改革中被赋予了新的时代意义。不可否认的是,调解机制在司法实践尤其是民事诉讼中具有不可替代的重要作用。民事纠纷以司法调解的方式结案,不仅降低了诉讼成本,提高了诉讼效率,而且能够使诉讼双方获得“双赢”的结果。这种结果往往也会让诉讼双方握手言和,减轻了纠纷对社会关系所造成的伤害和撕裂。但司法调解同样存在一个不容忽视的问 First, the issue proposed Mediation as China’s traditional dispute resolution mechanism in the current judicial reform has been given a new era of significance. Admittedly, the mediation mechanism plays an irreplaceable and important role in judicial practice, especially in civil litigation. The settlement of civil disputes in the form of judicial mediation not only reduces the cost of lawsuits, improves the efficiency of lawsuits, but also enables the litigants to obtain the result of “win-win”. This kind of result often makes both parties shake hands and alleviates the harm and tear caused by disputes to social relations. However, judicial mediation also has a question that can not be ignored