司法调解制度作为我国民事诉讼体制中解决矛盾纠纷的一种有效手段,在及时化解矛盾纠纷、维护稳定方面曾起到一定的积极作用。但随着司法改革的不断深入,也暴露出不少弊端:强调司法调解背离法院工作实际;压调、骗调、拖调现象增多;法官、当事人适用法律随意;导致利益保护不足。笔者认为应将司法调解从诉讼中分离,纳入ADR机制。 Judicial mediation system as an effective means of resolving contradictions and disputes in the system of civil procedure in our country played an active role in promptly resolving contradictions and disputes and maintaining stability. However, with the continuous deepening of judicial reform, many drawbacks have also been exposed: the emphasis on judicial mediation has deviated from the actual work of courts; the mediation, fraud and procrastination have increased; the judiciary and the parties apply the law arbitrarily; and the protection of interests has not been enough. I believe that the judicial mediation should be separated from the lawsuit, into the ADR mechanism.