Investigation On The Operation Of Lawyer Mediation In Y City Of Hubei Province

For a long time,China has been using mediation methods to solve problems.This way of dispute resolution has a long history and has been constantly innovated and expanded.After years of exploration and practice,the use of mediation to solve disputes has become an important part of the multi-faceted dispute resolution in China.The mediation methods have also been diversified and different mediation modes have been formed.In recent years,the number of litigation cases in China has been increasing.In this case,the demands for the lawyers are also increasing.Lawyers are not only needed in litigation cases,but also have irreplaceable role in other dispute settlement ways.On September 30 th,2017,the Supreme People’s court and the Ministry of Justice jointly issued the opinions on the pilot work of lawyer mediation(hereinafter referred to as the "pilot opinions"),which is a preliminary attempt of our country to the lawyer mediation system,and has established the system structure of the lawyer mediation system on the macro level,and the mode of mediation system in China has become more diversified.Of course,as a new thing,the lawyer mediation system is only in effect in China for about four years,but it is still in the initial stage of development.Besides the macro theoretical framework,it is necessary to improve it in judicial practice.Y City,as one of the pilot areas stipulated in the pilot opinions,is located in Hubei Province in the central part of China.The economic development level is relatively developed,the number of judicial cases is large,the court case pressure is relatively large,and the lawyer mediation system has the possibility and necessity of development in this area.This paper analyzes the problems and causes of the lawyer mediation system in Y City of Hubei Province by investigating and researching Y City in Hubei Province,adopting social investigation,empirical analysis,comparative analysis and case study methods,and puts forward suggestions for the improvement of the mediation system of legal teachers.This paper is divided into four chapters: the introduction is the beginning of the article,which briefly expounds the reasons for the topic selection and the current research status in China,and paves the way for the later.The first chapter expounds the basic situation of the research point,and explains the reasons for choosing Y City as the research point in Hubei Province,as well as the investigation process and methods.The second chapter is the analysis of the data of lawyer mediation work in Y City of Hubei Province from 2018 to 2020,and expounds the operation status of the lawyer mediation system in Y City.Through the investigation of the research object,the author makes a survey from five aspects: the establishment of the lawyer mediation studio,the composition of the lawyer mediator,the number of cases,the situation of the settlement of the case,the training of the lawyer mediator,etc.to compare and analyze the differences in the operation of each mediation studio and the views of the main body in the system operation,so as to be able to conduct the mediation work of the lawyer in Y City Have a good understanding.The third chapter mainly focuses on the data obtained from the investigation,and finds out the problems in the operation of the system through various research methods,mainly from the low enthusiasm of lawyers mediators’ participation The paper discusses the problems in the following five aspects: the connection between mediation agreement and judicial confirmation procedure,the low operability of mediation procedure,the imperfect training mechanism and supervision mechanism of lawyers mediators,and the lack of public understanding of the mediation system of lawyers.The fourth chapter mainly puts forward corresponding suggestions for the above problems,including improving the corresponding incentive mechanism and charging standard,refining the provisions of the connection between the lawyer mediation agreement and judicial confirmation procedure,improving the operability of the lawyer mediation procedure,establishing the normal training mechanism and supervision mechanism,and strengthening the publicity of the lawyer mediation system.Finally,the conclusion of the article is the expectation of the better implementation of the mediation system of Y City lawyers.