我国从古至今,调解的运用非常普遍,被西方称之为“东方经验”。随着审判方式由调解型向审判型的转变,调解制度也急需改进以适应社会的发展。诉讼调解,亦称法院调解在我国历来被视为一种诉讼活动,是法院结案的一种方式。发挥诉讼调解制度的功能,应当尊重当事人的诉讼主体地位,保障其充分行使诉讼权利。 Since ancient times, the mediation is very common in our country and is called “the eastern experience” by the west. As the mode of trial changes from mediation to trial, the mediation system is also in urgent need of improvement so as to adapt to the development of society. Mediation of litigation, also known as court mediation, has always been regarded as a litigation activity in our country and is a way for the court to conclude a case. To bring into play the function of the mediation system of litigation should respect the party’s litigant status and guarantee its full exercise of litigation rights.