Study On Lawyer Mediation System

Mediation is an important part of the dispute resolution mechanism.In recent years,with the development of society,lawyers' mediation has emerged.As an independent third party,lawyers mediate disputes between parties from a neutral perspective.To resolve conflicts.Lawyers' mediation is different from the relatively mature mediation methods such as people's mediation and arbitration mediation.Although it has appeared in the early years,there has not been a systematic system or regulation so far.On October 16,2017,the Supreme People's Court and the Ministry of Justice.Jointly issued the “Opinions on Conducting the Pilot Program for Lawyers' Mediation” and decided to conduct trials of lawyers' mediation in 11 provinces and cities such as Beijing,Heilongjiang and Shanghai,indicating that lawyers' mediation will be further developed in practice.At the same time,theoretical research on lawyer mediation is in urgent need of further development and improvement.The article first gives an overview of the lawyer's mediation system,and introduces the basic concepts and characteristics of lawyer mediation and the development of lawyer mediation at home and abroad.Lawyer mediation means that the lawyer mediates the dispute between the parties as an independent third person.The lawyer mediation has its unique professional advantages compared with other mediation methods.Secondly,it introduces the development process of lawyer mediation in China.From the emergence of the first domestic lawyer mediation agency in Qingdao in2006,and now it has carried out pilot work in several cities,lawyer mediation has gradually become an important member of the mediation mechanism outside the lawsuit,and In the pilot,there are four basic modes,including the establishment of a lawyer's mediation studio in the court,and the positive significance of the lawyer's mediation work.In addition,the current lawyer mediation is still in the preliminary exploration stage.The establishment of the lawyer mediation system,as well as the legislative situation and theoretical research are also at an immature stage.The article lists the problems that may arise in the lawyer mediation work.Finally,the questions that may arise from the lawyer's mediation work and how to systematically construct the lawyer's mediation system in China have put forward corresponding opinions from different angles.Lawyer mediation is an important mechanism or approach for lawyers to participate in solving social conflicts in China.To a certain extent,it meets the needs of society for the professionalism,flexibility and effectiveness of dispute resolution and has a good prospect for development.