先行调解是2012年新《民事诉讼法》增加的一项制度,该制度的出台使得调解与诉讼实现更为平稳地衔接,拓宽当事人解决纠纷的路径。但新法用为数不多的文字仅规定了该制度适用的大前提,缺少对法院和当事人在理论与操作层面上的指引,这未免过于粗陋,失去其应有的设置意义,笔者拟从厘清先行调解的四大问题入手,即先行调解的性质、原则、效力和当事人权利救济,为我国新《民事诉讼法》中先行调解制度的完善提出对策与建议。 Mediation ahead is a system added in the new Civil Procedure Law in 2012. The promulgation of the system makes the mediation and litigation more smoothly connected and broadens the path for the parties to resolve disputes. However, only a few words are used in the new law to stipulate the major premise to which this system is applicable. The lack of guidance on the theory and operation of courts and parties is unduly crude and loses its proper meaning of setting. The four major issues of conciliation, that is, the nature, principle, effectiveness and remedies of the parties’ rights of the preliminary mediation, put forward countermeasures and suggestions for the improvement of the first mediation system in the new Civil Procedure Law of our country.