Research On Lawyer Mediation System In China

With the in-depth development of socialist market economy,social conflicts have been transformed from single and traditional to diversified and new ones,and the number and complexity of disputes have been on the rise.Traditional dispute resolution mechanisms have begun to expose various drawbacks and are unable to effectively conquer new types of disputes.As an effective system to resolve social disputes in the new era,the diversified dispute resolution mechanism makes up for the shortcomings of the existing dispute resolution mechanism.Compared with other diversified dispute settlement mechanism,the lawyers in the lawyer mediation have more professional advantage than people's mediators,it has the advantage of identity than judge and administrative personnel,which makes it more likely to seize the mediation work,quick positioning disputes between the main body of legal relationship,prompting the parties reach a settlement,greatly improve the efficiency of dispute resolution,after entering big mediation pattern,lawyers will become the main force of the comprehensive development of diversified dispute settlement mechanism.Lawyer mediation has become the most important part of diversified dispute settlement mechanism because of its professional,flexible,economical and efficient characteristics.But there is no denying the fact that the lawyer also there are many problems in the mediation system in the operation process,mainly including lawyer agency conflicts of interest,lawyers and lawyers mediation mediation organization establishment and management mechanism is not clear,lawyers,mediator and professional qualification certification avoidance mechanism is imperfect,mediation and litigation lawyers cohesion strength is not strong,lack of the guarantee mechanism of marketization of public welfare and compatible.Combining with the difficulties in the operation of lawyer mediation and the insufficiency of legal system,it is necessary to establish and perfect the relevant system.In this paper,starting from the value and advantage of lawyer mediation in our country,according to the operation practice lawyers mediation,lack of law mediation were analyzed,and puts forward the three aspects of the perfect Suggestions,mainly including clear principles of positioning of lawyers in the contradiction dispute mediation in our country and improve the law mediation mechanism,promote the validity of law mediation docking with the judicial process is designed to promote the development of the law division mediation system in our country better,through the improvement of the dispute settlement mechanism power to build a harmonious society.