Research On The Legal System Of Lawyer Mediation

Lawyer mediation legal system is a legal activity in which lawyers,as a neutral third party,use their own professional skills to promote the parties to reach a mediation agreement to resolve disputes.In September 2017,the promulgation of the opinions proposed to carry out the pilot work of lawyer mediation in 11 provinces(cities)such as Beijing,Heilongjiang and Shanghai,and raised the legal system of lawyer mediation from the theoretical guidance level to the practical operation level for the first time,marking the initial formation of the legal system of lawyer mediation in China.As one of the forms of diversified dispute resolution mechanism,lawyer mediation legal system has been widely used in foreign countries.However,due to its late start in China,its application in real life still faces many development difficulties.Therefore,in order to make lawyer mediation legal system better adapt to the development of the rule of law in China,it is necessary to conduct in-depth research and practical exploration,and select the right one for China The legal system model of lawyer mediation in China.In this context,the basic framework of this paper is mainly around the following:The first part is an overview of the legal system of lawyer mediation.This chapter defines the relevant concepts of the legal system of lawyer mediation,and makes a comparative distinction between the legal system of lawyer mediation and other dispute resolution mechanisms.Starting from the characteristics and advantages of the legal system of lawyer mediation in China,it gives the positioning of the legal system of lawyer mediation in the mediation system,and analyzes the three mediation modes of lawyer mediation in the pilot practice.The second part is the status quo of the legal system of lawyer mediation.This chapter introduces the legislative status quo of the legal system of lawyer mediation in China,analyzing the legislative status quo and mode of the legal system of lawyer mediation in developed countries such as the United Kingdom and the United States,and introduces the specific situation of the implementation of the pilot in 11 pilot provinces(municipalities directly under the central government)and summarizes the classic case analysis in the implementation process of the pilot,so as to promote the development of the legal system of lawyer mediation in China For reference.The third part is about the problems in the legal system pilot of lawyer mediation.This paper part analyzes the specific problems and causes in the pilot practice of thelegal system of lawyer mediation,such as the lack of general recognition of lawyer mediation,the lack of motivation for lawyer to participate in mediation,the gap between lawyer mediation and court proceedings,the difficulty in effective implementation of the rules of prior avoidance and post prohibition,and the unclear rules of qualification certification and conflict of interest of lawyer mediators.The fourth part is the suggestions for the improvement of the legal system of lawyer mediation.According to the above problems,it is suggested to establish and improve the training and incentive mechanism,promote the market-oriented operation of lawyer mediation,to improve the docking mechanism between lawyer mediation and court,improve the rules of pre avoidance and post prohibition,and clarify the certification procedure and conflict of interest rules of lawyer mediators.