On The Mediation Of Lawyers In Dispute Resolution

The contradiction that social resources are difficult to be satisfy demand is existing in the whole process of social development,which inevitably leads to various social disputes.The settlement of disputes is an inevitable requirement of social progress.Therefore,constructing a resolution mechanism of disputes that satisfying the requirements of modern society is a significant section in the development of social systems.When facing this current complex situation,only relying on the litigation mechanism to resolve disputes has been proved to be incompetent and the coordinated application of litigation and ADR(Alternative Dispute Resolution)is undoubtedly in line with the trend of social development.The important form of ADR,mediation with the spirit of Chinese traditional culture has played a vital role in China's dispute resolution mechanism in all ages.In the modern society,the people's mediation system with rich practical history has gradually declined,while lawyers who are members of the legal profession community have unique values and advantages in participating in mediation.This paper adopts the promotion method and gradually explains the significant role of the construction of the lawyer mediation system in solving disputes.By combining with foreign development experience and relevant domestic institutional norms,the paper briefly analyzes the different modes of operation of the lawyer mediation system through comparative study and proposes constructive suggestions based on the problems existing in the development of the lawyer mediation.The first part introduces the necessity of dispute resolution.By comparing mediation with other alternative dispute resolution methods,it analyzes the unique position of mediation in the diversified dispute resolution mechanism and its special role in easing contradictions and restoring social relations.The second part briefly indicates the principles that lawyers should adhere in mediation and discusses the economic and social values of the lawyer mediation.By comparing the different modes of operation of the lawyer mediation,this paper studies the actual state of the lawyer mediation and find the problems that need to be solved in the construction and promotion of lawyer mediation.The third part is aiming at the problems existing in the lawyer mediation under the actual state and provides corresponding solutions for the development and promotion of the lawyer mediation that meets the requirements of the new era.