On The Development Model Of Lawyer Mediation In China

Lawyer mediation is helpful to give full play to lawyers’ functions and reasonably safeguard the legitimate rights and interests of the parties.It satisfies the desire of the litigants who want professional legal guidance and don’t want to go through the complicated litigation procedure.Since the implementation of China’s lawyer mediation,its system development model has attracted much attention.At present,the state law of mediation system to construct the marketization of public welfare and the compound development model in parallel,but the current practice of pilot the system belongs to the main single mode of public welfare,which appeared in the process of the specific dispute,mediation lack independence,mediation as a whole is not high quality,low success rate of mediation,a lawyer with the people’s mediation mediation with no classification of dilemma,It hindered the further development and perfection of the system.In order to solve the practical dilemma of lawyer mediation in our country,this paper argues that the complex development model of lawyer mediation should be improved,which is based on marketization and supplemented by public welfare.The main reasons are as follows: on the one hand,marketization should be used to ensure the independence of mediators and stimulate their independent creativity in participating in the mediation.At the same time,the market incentive mechanism and elimination rules are used for adjustment to effectively improve the quality of dispute resolution of lawyers’ mediation.In addition,to distinguish the application of lawyers’ mediation and people’s mediation,highlighting the professional advantages of lawyers’ mediation.On the other hand,through the public welfare auxiliary mode,the establishment of a standardized and unified access mechanism for lawyer mediators,screening out the lawyers who are really suitable for mediation to participate in mediation;Secondly,to provide public welfare legal mediation assistance services for specific types of cases,highlighting the social responsibility of lawyers;Finally,through the administrative organs,courts commissioned or delegated cases,expand the source of mediation cases,promote the in-depth development of lawyer mediation.Improve the marketization of mediation of lawyers and auxiliary,public welfare compound development model,the effective use of mediation marketization fit the profession characteristic advantage,fully mobilize the enthusiasm of lawyer involved in mediation,it also takes into account the current needs of public welfare lawyer mediation for specific types of cases,give full play to the lawyer the prominent role of mediation to resolve disputes.In order to promote the development of chinese lawyers mediation composite pattern,the article suggest should be to establish a special lawyer mediation studio,try making a lawyer marketization of mediation charge standard,clear lawyer mediation case jurisdiction and refines the professional division of labor,improve the financial security and incentive mechanism,to promote the professional development of lawyer mediation.