| The diversification of dispute resolution mechanism is an effective system to resolve the rising trend of social contradictions and disputes.Lawyer mediation is an important part of it.Although lawyer mediation is not yet formed,it has great significance for improving our diversified dispute resolution mechanism and resolving social contradictions.First of all,the value analysis of lawyer mediation under the diversified dispute resolution mechanism in China is introduced,and a Chinese mediation called "Oriental experience" is introduced.It is believed that Chinese people prefer to use mediation to solve social disputes.Considering that lawyers have professional advantages,identity advantages and service advantages,lawyers who enter the pattern of big mediation will become a new force in the development of diversified dispute resolution mechanisms.Secondly,to analyze China's diversified dispute settlement mechanism under the law mediation model,analyzes the British virtues of Japan as the representative of the foreign law mediation system,discusses the lawsuit adjustable docking mode under lawyers' mediation,as well as Shenzhen "Futian model" as the representative of the new lawyer mediation model.The specific implementation of the diversified dispute resolution mechanism also presents a variety of patterns.hird emphatically discussed the plight of lawyer mediation under the diversified dispute settlement mechanism.It is considered that there are three aspects: the conflict of interest between lawyer agency and lawyer mediation,the questioning of authority of lawyer mediation,and the misalignment between lawyer mediation and judicial procedure.Fourth put forward the solution to the dilemma faced by the lawyer mediation.Put forward the corresponding solution.It is believed that the value and role of lawyer mediation system should be improved from three aspects: interest protection and behavior standard,lawyer mediation authority,lawyer mediation and judicial procedure. |
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