Research On Lawyers' Mediation System

The traditional form how lawyers to participate in mediations is that participating in judicial mediation, administrative mediation and arbitration mediation as attorneys of one party. But in recent years, the mediation form which appeared one after another and developed step by step is that lawyers direct mediations neutrally and fair as mediators.Chapterâ… is a summary of lawyers'mediation, shows and defines the connotation of lawyers'mediation, and analyzes its position in systems of ADR and mediation. This thesis considers that lawyers'mediation means an action directed neutrally by practicing lawyers from lawyers'mediation institutions to make disputing parties to come to an agreement voluntarily and resolve the dispute. Lawyers'mediation is the intersection of mediation and lawyer-directing ADR, it's a part of folk mediation, juxtapose with arbitration mediation, people's mediation and industry mediation et al.Chapterâ…¡interprets value and comparative advantages of lawyers'mediation. Lawyers'mediation has common value of maintaining social harmony, relieving pressure of courts, saving litigation costs, increasing the efficiency of rights-protecting and enhancing remedy effect, and special value of professional value, trust value, business-development value and lawyers'social value. Lawyers' mediation has comparative advantages of flexibility, effectiveness and professional to dispute resolutions like litigation, arbitration and people's mediation.Chapterâ…¢discusses the operation of lawyers'mediation from feasibility, principles location and procedure framework. Both active law and policy and lawyers development condition demonstrate that it is feasible which establishing and operating lawyers'mediation system. The characteristics of lawyers'mediation request it must insist on principles such as neutrality, non-public and interest avoidance. Lawyers'mediation can be consist of steps generally such as acceptance, preparation, execution, termination and performance in operation procedure, this chapter expounds its operation with procedure illustration brief and to the point.Chapterâ…£analyzes several important questions from microcosmic and macroscopic. Lawyers'mediation should be undertaken by special institution, the choosing of mediator should be decided by consultation of parties; the acceptance scope should be located in"commercial mediation", its source of cases could be applications of parties or authorizations of other dispute resolution institutions; it should exercise progressive charge system, consultation charge between lawyers and clients and direction charge of departments concerned should be combined; lawyers'mediation agreements should have the developing trend of being rendered the effect of enforcement. Establishing and developing of lawyers'mediation system need lawyers and clients changing mind, regulating of statutes, support of governmental finance, and coordination of it and other dispute resolutions.Lawyers'mediation is an important developing direction of lawyers participating in dispute resolution, it balance the requests of professional, flexibility, economical, and effectiveness raised to dispute resolution by society, it has extensive developing prospect.