法院调解在国内素有优良传统的美誉,在国外则被誉为东方经验,在民事诉讼中发挥着重要作用。长期以来,我国极为重视且大力倡导法院调解,审判实务中的大多数民事、经济纠纷也是以调解结案的,法院调解已成为我国民事审判中最富有特色的制度。然而,随着我国政治体制的改革、经济体制的转轨以及民事、经济法律的不断颁行,并经过了“调解为主——着重调解——自愿合法调解”三步曲变化发展,现行法院调解制度的弊端也日渐暴露出来。 Court mediation in the country known as the fine traditions in the world reputation is known as the eastern experience in civil litigation plays an important role. For a long time, China attaches great importance to and vigorously advocates the mediation of the courts. Most civil and economic disputes in trial practice are also settled through mediation. Court mediation has become the most distinctive system in China’s civil trials. However, with the reform of our political system, the transition of the economic system and the continuous promulgation of civil and economic laws, we have undergone a three-step change and development of “mediating mainly - focusing on mediation - voluntary legal mediation” The disadvantages of the court mediation system are also increasingly exposed.