Research On The Current Situation And Countermeasures Of The Lawyer Mediation System

In recent years,lawyers have participated in the mediation of cases as a neutral mediator and have gradually developed in various fields in China.The Supreme People's Court and the Ministry of Justice jointly issued the "Opinions on the Pilot Work of Lawyers' Mediation" jointly issued on September 30,2017(hereinafter referred to as "the Opinions on the Debugging Point"),marking the work of the Chinese lawyers to mediate mediation as a neutral third party.In the direction of institutionalization.In addition to the introduction and conclusion,this article is divided into four chapters:The first chapter is an overview of the lawyer's mediation system.This paper analyzes the positioning of the lawyer mediation system in the mediation system.The lawyer mediation system has the functions of maintaining social harmony,relieving court pressure,saving judicial resources,improving the efficiency of rights relief and increasing dispute resolution.At the same time,the lawyer mediation system has advantages over litigation,arbitration and the people's mediation system in resolving disputes,and is more flexible,effective and professional in resolving disputes.The second chapter is the investigation and enlightenment of the foreign mediator's mediation system.The lawyers' mediation system outside the country has developed relatively maturely;the United States has given high honors to lawyers as mediators.The British lawyer mediation agency is a completely independent institution.The courts provide information on mediation agencies for the parties.Japanese lawyers can be directly Appointed as a mediator to resolve disputes between the parties to the dispute,the German Bar Association and the School of Law will set up training courses related to mediation.The development of the foreign mediator's mediation industry shows that each country's lawyer mediation system has its own unique way.China should also refer to and learn from the advanced experience of these countries' lawyers' mediation system in order to let the Chinese lawyers' mediation system run.The middle is smoother.The third chapter is the current situation and existing problems of the lawyer mediation system.Based on the current situation of the lawyer's mediation system in China and the practice in various pilot areas in China,this paper analyzes the main problems encountered by the lawyer mediation system in the pilot practice.Many people are not very familiar with the lawyer's mediation system.Some people even have many misunderstandings about the profession of lawyers,which leads to distrust of lawyers' participation in mediation.How to change this misunderstanding is a very important and difficult problem to solve.Without the uniform laws and regulations to restrict the mediation of lawyers,the quality of lawyers' mediation results is difficult to guarantee.In addition,there is no uniform legal requirement for the fees charged by lawyers in mediating cases and the validity of mediation agreements after successful mediation.The qualifications of lawyers and mediators are not uniform,and law firms do not have corresponding conflicts on the interests of lawyers.It is stipulated that these problems hinder the smooth development of the lawyer mediation system.The fourth chapter is the realistic path to perfect the lawyer's mediation system.First of all,it is proposed that the lawyer mediation system wants to run smoothly in China,and it is necessary for the parties to change their minds.It is believed that lawyers can also mediate disputes from a neutral perspective.This also requires government support to help promote the advantages of lawyer mediation,and I hope that there will be uniform laws and regulations to regulate the lawyer's mediation system.Secondly,lawyers' mediation fees hope to be supported by the state's finances.Once again,the lawyer's modulation should be developed smoothly,so the lawyer mediation agreement should be given enforcement power.Finally,the law should clearly stipulate the qualifications of lawyers' mediators and clarify the prohibition of conflicts in the interests of lawyers.The lawyer mediation system is an important development direction of the Chinese dispute resolution mechanism.It balances the social requirements for dispute resolution,such as professionalism,flexibility,economy and effectiveness.It has a long-term development trend in the future operation.