被誉为“东方经验”的调解制度,作为解决纠纷的一种方式,在我国可谓源远流长,至今仍表现出强大的生命力。但是,随着时代的发展,社会、经济、法制、文化观念等因素的影响变化,尤其是在诉讼主义成为人们主流法律意识形态的大背景下,我国传统的调解制度受到了前所未有的挑战。在某些人看来,传统的以“和为贵”式的调解 The mediation system, hailed as the “Oriental Experience,” is a way of settling disputes that has a long history in our country and still shows strong vitality. However, with the development of the times, the influence of social, economic, legal system and cultural concepts and other factors have changed. Especially under the background that litigation has become the mainstream of people’s legal ideology, the traditional mediation system in our country has been hitherto unknown challenges. For some, the traditional conciliation of “harmony is expensive.”