An Empirical Study On The Mediation Mechanism Of Lawyers Attached To The Court

After the 20 th century,China's society entered a period of transition and rapid development,social contradictions are increasingly diversified,and the “ court's contradictions between people and cases ” are also prominent.The traditional judicial system with a single confrontation litigation as the core has been difficult to deal with the surge and diversification.Contradictions and diversified alternative dispute resolution mechanisms emerged and developed rapidly.The institutionalized development of lawyer mediation,as a bright spot in the reform of the diversified dispute resolution mechanism in recent years,has been vigorously promoted from top to bottom.In the institutional development of lawyer mediation,the court has attached a lawyer mediation studio as one of its four main working models,which is hot in practice and widely used.However,there are still many problems in the operation process of the current court-attached lawyer mediation mechanism.For example,the pilot has been deformed in the specific practice,the alienation is serious,the standard level is chaotic,and there is unpredictability in the future development.Overall effectiveness.At the same time,the current sample of investigations by the academic circles on the court-attached lawyer mediation mechanism is mostly concentrated in the scope of grass-roots courts and intermediate courts.In order to promote the further development of the lawyer's mediation mechanism,it is urgent to improve the relevant system of lawyer mediation attached to the court.Starting with literature research methods,it can be proved that the court-attached lawyer mediation mechanism is justified in three aspects: theory,policy and practical needs: at the theoretical level,the mechanism implements the theory of party autonomy,which can help the party approach justice and enhance the authority of the ADR process Sex;policy and reality,its appearance caters to the needs of judicial policy,is conducive to optimizing the allocation of judicial resources,improving the quality of dispute resolution,and highlighting the social value of lawyers.Starting with the empirical analysis method,selecting a grassroots court as a sample,combined with the trial regulations and operation of the court's attached lawyer mediation mechanism,it can be found that the following problems exist in the operation of the mechanism: violation of the workflow of the lawyer's mediator and the failure of the team stability mechanism;mediation The subjective enthusiasm of the staff iscontrary to the objective participation;the specialization and specialization of the lawyer's mediation are inadequate;breed the risk of corruption;emphasize the form,emphasize the substantive effect and so on.The reasons are as follows: First,parties,lawyers,courts and other parties have long-term misunderstandings about lawyer's mediation;second,the mode of operation of the court-led mechanism is unreasonable,and the division of responsibilities of responsible institutions has not been clearly defined.Management mechanism;the third is the inadequate supervision and restraint mechanism,reward and punishment mechanism and other supporting measures have restricted the healthy development of the entire mechanism.Eliminate inherent cognitive misunderstandings by strengthening external guidance to the parties,locating the role of the lawyer' s mediator,and strengthening the court's implementation of the lawyer's mediation;constructing science by clarifying the division of responsibilities of the responsible agency and establishing a long-term management mechanism The mode of operation of the mechanism and the supporting coordinating mechanisms such as the supervision and restraint mechanism and the incentive mechanism should be an effective way to improve the current mediation mechanism of court-attached lawyers.