Research On Lawyer-oriented Mediation System In China

Against the background of the increasing burden of litigation in China,the number of disputes and the diversification of dispute types,judicial practice has been exploring the establishment of a diversified dispute resolution mechanism and a "big mediation" pattern.Due to the professional and professional nature of the lawyer community,lawyers play a unique and indispensable role in the field of mediation.In practice,the phenomenon of independent lawyer mediation has long existed.However,due to the broadening of the legal provisions and the lack of comprehensive support from specific systems,the implementation of the lawyer 's mediation system has fallen into difficulty,thus failing to achieve the expected effect of the initial system design.Therefore,this article will introduce relevant practices of typical significance at home and abroad,and on the basis of comprehensive reference to its practical experience,improve the research of China's lawyer mediation system.It mainly starts with the construction of the lawyer's mediation system and the guarantee measures to promote the implementation of the lawyer's mediation agreement.The contents of the system construction include the qualification of lawyers and mediators,the mediation work process flow,the lawyers 'mediator avoidance system,and the incentive and accountability mechanism,so that all links in practice have systems to ensure that the lawyers' mediation system is standardized development of.At the same time,in order to improve the legal effectiveness of the lawyer's mediation agreement,it will also explore the supporting measures to promote the development of lawyer mediation,study the judicial confirmation procedure,the application of the mediation agreement and the payment order docking mechanism and its guarantee role for the lawyer's mediation to promote mediation Effective implementation of the agreement.On this basis,it is necessary to search for deficiencies and fill in gaps,improve the theoretical research on the lawyer's mediation system,gradually fill the gaps in the lawyer's mediation system,and further play its role in the resolution of disputes.