Research On The Mediation System Of Lawyers In China

With the increasingly close social exchanges,the people’s concept of the rule of law,legal awareness is constantly enhanced,the emergence of contradictions and disputes is on the rise,so it is far from enough to completely rely on litigation procedures to determine the points and end disputes,in this context,the lawyer mediation system emerged at the right moment.The lawyer mediation system is a new type of mediation system which communicates information and reveals facts between the disputing subjects through the lawyer’s identity,promotes the disputing subjects to reach a mediation plan by means of law and mediation,and realizes mutual understanding and compromise,so as to realize the effective combination of law and emotion.The implementation of the lawyer’s mediation system is an important measure to promote the construction of diversified dispute settlement mechanism in China,an innovative measure to improve the litigation system in China,and an internal need to deepen the reform of the lawyer’s system.Since the Supreme People’s Court officially put forward the concept of the lawyer mediation system for the first time in 2012,after several years of institutional exploration and pilot work in 2018,the lawyer mediation system was implemented nationwide at the end of 2019.However,due to the imperfection of China’s lawyer mediation system,such as the society’s general recognition of the lawyer mediation is not strong,the lawyer mediation qualification certification is not standard and the lawyer mediation and litigation procedures,etc.,all make the implementation of the lawyer mediation system into a dilemma.In particular,the lack of coercive guarantee of lawyer’s mediation agreement or lawyer’s mediation document results in the implementation of the system has not achieved the expected effect at the beginning of the design.Therefore,how to perfect the system and successfully implement it in practice,and how to provide a mediation mode with characteristics for dispute resolution are urgent to be solved,which is also the research focus of this paper.To improve the mediation system of lawyers,first of all,it is necessary to clarify the theoretical basis of the system,and strengthen the social public’s identity and acceptability of the mediation of lawyers by taking advantage of the legal background of the system.Secondly,the mediation system in accordance with the actual situation of different provinces and cities should be made for each link of the mediation procedure,such as the scope of acceptance,fee regulations and compulsory force protection,lawyer mediator qualification certification and responsibility investigation,so as to gradually ease the contradiction and settle the dispute on the basis of assuming social responsibility.Finally,in the application of the rules of the mediation system of lawyers,it is necessary to standardize the mediation work of lawyers through qualification certification,reward and punishment modes,so that the system can play a good social effect of dispute settlement in practice.