Study On Online Mediation Of Civil Litigation Lawyers In China

Mediation as an "Eastern experience" plays a vital role in the resolution of disputes in our country.With the advent of the Internet information era,various industries in society rely on the rapid development of information technology,and people’s ideological values and lifestyles have also taken place.Significant changes,a large number of complex legal relations and new types of civil disputes have gradually emerged.In order to resolve the contradiction between the large number of court cases and the small number of people,and to give full play to the professional advantages of lawyers in mediation,the courts of our country rely on information technology to actively explore the introduction of lawyers as a professional group to join the diversified dispute resolution mechanism and actively explore the use of Internet technology for online solutions Divergent.The development of online mediation for civil litigation lawyers is of vital importance for improving the efficiency of lawyers’ mediation,improving multiple dispute resolution mechanisms,and promoting the reform of court informationization.Although online mediation by civil litigation lawyers in our country is still under exploration,it has received more and more attention,application and promotion in judicial practice.The General Office of the Central Committee of the Communist Party of China and the General Office of the State Council listed the improvement of the lawyer mediation system as an indispensable national policy in the resolution of conflicts and dispute resolution in the "Opinions on Improving the Diversified Resolution Mechanism for Contradictions and Disputes" issued in 2015.The court has successively promulgated some guiding opinions and regulations on the mediation of lawyers appointed and entrusted by the court.Based on the strong support of national policies,financial resources and society,many local courts have developed online mediation through the use of Internet technology and combined with the experience of judicial practice,and guided the development of online mediation by civil litigation lawyers,encouraged lawyers and mediators to explore online dispute resolution methods,and improved online mediation.Mediation skills.The following types of problems have emerged in the practice of online mediation by civil litigation lawyers: First,the legal aspect.China has not clarified the online mediation of civil litigation lawyers from the legislative level.In practice,there is also a lack of guidance on specific operating rules,and operations in different regions are inconsistent.,Irregularity,lack of legal protection for the effectiveness of mediation agreements;second,practical problems,the uneven development of online mediation by civil litigation lawyers in different regions,there are problems with false mediation,and the utilization rate in practice needs to be improved;third,recognition At the level of knowledge,the parties’ acceptance of online mediation is not high,and lawyer mediators’ own perceptions are limited.Different courts place different levels of emphasis on online mediation by lawyers.Fourth,the protection mechanism for online mediation by civil litigation lawyers is not sound,such as funding guarantees and Insufficient incentive mechanism,imperfect mediator team management mechanism and supervision and restraint mechanism,imperfect conflict prevention mechanism,etc.Therefore,for the predicament of my country’s civil litigation lawyers on-line mediation in practice,it is necessary to propose a targeted improvement path.First,clarify the legal status of online mediation by lawyers from the legislative level,formulate relatively unified operating rules,and improve relevant regulations to ensure the effectiveness of mediation agreements;second,improve the coordination mechanism to improve the uneven development of online mediation by civil litigation lawyers,and multi-party Prevent false mediation and increase the utilization rate of online mediation by civil litigation lawyers;third,strengthen publicity and training mechanisms,and change the perception of parties,lawyers mediators,and courts regarding online mediation of civil litigation lawyers;fourth,take measures to improve online mediation by lawyers Mediation incentive mechanism,mediator team management mechanism,supervision and restraint mechanism,conflict prevention mechanism and other guarantee mechanisms for online mediation of civil litigation lawyers.