作为民事诉讼法基本原则之一的法院调解制度是我国一项颇具特色的民事诉讼制度,它过于强化法院的职权,容易侵蚀调解的自愿性和当事人的处分权,存在着弊端。外国的诉讼和解制度更立足于在尊重当事人处分权的基础上促进当事人达成合意解决纠纷。我国法院调解制度的改革和完善,可以借鉴外国的诉讼和解制度,建立起以调审分离为核心的运行机制,以利于更加合理、公正、快捷地解决纠纷。 As one of the basic principles of civil procedural law, the court mediation system is a distinctive civil procedural law in our country. To the extent that it strengthens the court’s power and easily erodes the voluntary conciliation and the party’s right to dispose, there are disadvantages. The system of reconciliation in foreign litigation also bases itself on promoting the parties to reach a satisfactory solution to the dispute on the basis of respecting the parties’ right of disposition. The reform and improvement of the court mediation system in our country can draw lessons from the foreign litigation settlement system and set up the operation mechanism with the core of mediation and separation as the core so as to resolve the disputes more reasonably, fairly and expeditiously.