在市场经济体制下，被国外誉为“东方经验”的法院调解制度面临着新的社会条件和思想观念的挑战。随着法制社会基本要求的日益加强和民事、经济法律的不断颁行，偏重调解的负面效应逐渐显现。调解制度必须改革，对此有两种方案可供选择：一种是在现行的调审结合的框架内进行改革；另一种是将调解与审判分离，设专门调解机构，采取区别于审判程序的调解程序。 Under the market economy system, the court mediation system hailed by the foreign countries as “the experience of the East” faces the challenge of new social conditions and ideas. As the basic requirements of the legal system are increasingly strengthened and the continuous promulgation of civil and economic laws, the negative effect that the emphasis on mediation gradually appears. The conciliation system must be reformed, and there are two options to choose from: one is to reform within the framework of the current review and adjudication; the other is to separate the mediation and the trial, set up a special mediation institution and take a different approach from the trial procedure Mediation process.