Research On Lawyer Mediation System

The characteristics of lawyer mediation system lie in that lawyer accepts the authorization of both parties to the dispute and presides over mediation as an intermediary mediator.As a way of dispute settlement,lawyer mediation has differences and connections with the ways of reconciliation,arbitration and litigation.This paper through the analysis of lawyer mediation in the diversified dispute resolution system positioning,further straighten out the relationship between different dispute resolution methods,focusing on how to achieve effective docking between different ways.This paper starting from the actual situation of lawyers,diversified dispute resolution system and courts,analyzes the causes of the lawyer mediation system and clarifies four basic functions of lawyer mediation:effective filtering and resolving all kinds of contradictions and disputes,safeguarding the legitimate rights and interests of the parties,promoting social fairness and justice through professional mediation,and maintaining social harmony and stability.Taking advantage of the opportunity that lawyer mediation is experimenting in some provinces(municipalities directly under the Central Government)in China,from the perspective of system analysis and practical investigation,this paper study the actual operation of lawyer mediation.Lawyer mediation in the pilot areas adheres to the six basic principles,focusing on how to build and improve the mode of work of lawyer mediation,while promoting lawyer mediation in coordination with other reform initiatives.The representative Zhejiang Province is selected form the pilot areas,and the characteristics and typical practices of lawyer mediation in the thisarea are emphatically analyzed.On the basis of the study of the system and practice,clarifies the problems existing in the lawyer mediation system:some parties have misunderstandings about lawyer mediation,the comprehensive quality of lawyer mediators needs to be upgraded,the avoidance system of lawyer mediation is imperfect,and the relevant safeguard mechanism of lawyer mediation is imperfect.Focusing on the problems of lawyer mediation system,puts forward some suggestions:strengthening the guidance and support to the parties,strengthening the construction of lawyer mediators,perfecting the lawyer mediation professional challenge system,and improving the relevant protection mechanism of lawyer mediation,refining rules for law firms to carry out mediation business.To clarify the importance of the trial and promotion of lawyer mediation for the development of the lawyer industry,and to further explore the market-oriented operation of lawyer mediation on the basis of the previous practice and the current trial.