调解协议司法确认是指法院对于当事人在诉讼外达成的调解协议予以确认的程序。该制度克服了诉外调解固有弊端，增强了调解制度权威性；节省司法资源，有效缓解了法官的办案压力；实现调解与诉讼相衔接，促进多元化纠纷解决机制的建立。但由于该制度仍处于初步发展阶段，法律对于程序细节的规制存在诸多漏洞，主要表现为申请主体的局限性、案件范围不明、司法审查标准不明以及纠错救济机制缺失。为解决这一系列问题，应当扩大司法确认申请主体、明确司法确认案件范围、确立统一的审查标准并且完善司法确认纠错救济机制，从而建立起一套体系化的调解协议司法确认制度。

The judicial confirmation of mediation agreement refers that two parties apply for judicial confirmation of their mediation agreement, which will be decided by the court whether to make a confirmation of their agreement. This institution has overcome the disadvantage of mediation and improved the authority of mediation. It also helps save judicial resources, reduce the working pressure of judges. What’s the most important is that it connects mediation with litigation, and thus promote the construction of multiple dispute resolution system. However since this institution is in the preliminary developing stage, laws and regulations on procedural details are not clear and concrete enough. The problems are as follows: the constraint on applicants, the uncertainty of the executive scope as well as examination standards and the lack of mechanism of judicial remedies. In order to settle down these problems, the authority should expand the scope of applicants, specify the executive scope and examination standards and perfect the judicial remedy system so as to establish a systematic judicial confirmation institution.