本文将依赖于法官直觉和权威的传统型调解,与由经受专业训练的调解员促进当事人间协商进程的现代化专业型调解进行了比较。20世纪90年代,现代型调解首先在美国广泛传播,法院开始将当事人移送外部调解员处理。尽管欧洲大陆有法官促成当事人和解的悠久传统,但是现代外部调解员在90年代同样受到了欢迎,因为相较于调解法官,这些专业化的调解员被认为具有更多的优势,例如专家责任制度。许多欧洲国家如今已经构建起了法院移送调解的制度体系。在一些国家,这种移送仅仅发生在当事人均自愿同意的情形下,而在另外一些国家,参加调解是诉诸法院的强制前置程序。本文展示了一些关于上述不同实践做法的比较研究。荷兰是具有研究价值和意义的范例,因为法院移送调解制度在经过一段时间的大规模科学试验后才被确立。这些试验结果被完整地记录,本文也介绍了其中的许多成果。本文认为,现代型调解机制的确为许多案件提供了有效的裁判外解纷路径,但是不应将调解视为一种化解法院积案压力和取代审判的普适性机制,我们应当在此之外寻找导致法院负荷严重超载的真正原因。只有这样,我们才能同时保障审判和调解的公正性。 This article compares traditional mediation relying on judge intuition and authority with modern professional mediation promoted by professionally trained mediators in the process of negotiation among parties. In the 1990s, modern mediation first spread widely in the United States, and courts began to transfer the parties to external mediators for processing. Although continental Europe has a long tradition of judges promoting client reconciliation, modern external mediators were equally welcome in the 1990s, as these specialized mediators were seen as having more advantages than mediators, such as the system of expert liability . Many European countries now have an institutional system for the transfer of mediation by the courts. In some countries, such transfers occur only where the parties have voluntarily agreed, while in others, participation in conciliation is a coercive upfront procedure before the courts. This article shows some comparative studies on the different practices described above. The Netherlands is an example of the value and significance of research because the transfer of conciliation by the courts was not established until after a period of extensive scientific experimentation. The results of these experiments are fully documented and many of the results are presented in this article. This paper argues that the modern mediation mechanism does provide an effective forum for dispute resolution in many cases. However, mediation should not be regarded as a universal mechanism to dissolve court pressure and replace trial. We should look beyond this The real cause of a serious overload of the court. Only in this way can we at the same time guarantee the fairness of trial and conciliation.