On The Role Positioning And System Construction Of Lawyer Mediation In China

China's research on the lawyer's mediation system started earlier,but so far,it has not formed a systematic lawyer mediation theory.In practice,the exploration of the lawyer mediation system is only a small attempt.Lawyer mediators refer to a kind of civil dispute resolution method based on national laws,regulations,policies and social ethics to persuade and mediate disputes.It has the characteristics of subject professionalism,procedural informality and structural equality.Lawyer mediation is by no means an accidental phenomenon,and it has traces in the judicial practice of our country.“Qingdao Model”,“Shenzhen Model”and “Dalian Model”are three representative modes of practice in China at present,combined with the role of lawyers in mediation and the role of society in the role of lawyers,lawyers Mediation should be positioned as a civil dispute resolution mechanism with legal professional advantages under a diversified dispute resolution system.However,at present,China's practice of lawyer mediation is not mature.When constructing a lawyer's mediation system,it often ignores its own independent value.The construction of China's lawyer mediation system has the following three paths worthy of reference:First,the construction of normative elements,including legislative confirmation,legislative choice and litigation;and second,the construction of environmental factors,including the construction of special mechanisms for lawyers' mediation and reward and punishment mechanisms.Construction;Third,the construction of the ability elements,including the transformation of the lawyer's own professional concepts and the improvement of the quality of practice.