A Study On The Lawyer Mediation System In China

The lawyer mediation system is a lawyer who plays a leading role in the mediation.As a neutral third party,he conducts the mediation,uses his legal professional knowledge and professional experience skills to help the parties solve the dispute,promotes both parties to solve the dispute through consultation by themselves,and jointly reach a mediation agreement.With the comprehensive implementation of the lawyer mediation system in the past two years,lawyers with the professional legal knowledge and skills will be the new subjects of dispute settlement and mediate first.It is not only convenient for the masses to solve disputes,but also reduces the work pressure of the court,and plays a positive role in ensuring the operation of social harmony and stability.In order to meet the increasing number of the The need for dispute settlement,promote the modernization of national governance,establish a mediation system centered on lawyer mediation,establish a quick adjudication mediation team,strengthen the legal supervision of mediation,and give full play to the effectiveness of lawyer mediation.However,as a new system,due to the lack of perfect supporting facilities and sufficient experience accumulation,there will be a series of problems in practice,we should find specific countermeasures to these problems,and constantly improve the system,so that it can better play a positive role.By actively exploring and studying the pilot areas in the mediation practice of lawyers,and at the same time,the working process of mediation and accepting cases The content,the selection conditions of lawyers,focus on the typical cases in practice,carefully analyze them,carefully study the problems in the process of handling disputes,and put forward some opinions and suggestions that can be applied and suitable for the development of mediation work after careful consideration.In order to make the lawyer mediation in our country can more smoothly serve the society,serve the people,actively enrich lawyers mediation professional content,provide more convenient working mechanism,let the unique advantages of lawyer mediation as far as possible,more favorable to promote lawyers in propaganda governance in accordance with the law,the lawyer professional law The flexible mechanism,affairs and mediation,is combined to jointly enrich the non-litigation dispute settlement mechanism with Chinese characteristics.The main contents of the study include: the first part,an overview of lawyer mediation.Based on the concept,positioning,function and value of lawyer mediation,it points out the practical significance of lawyer mediation system in practice as relieving the pressure of court and rationally utilizing judicial resources.The second part,the characteristics and status quo of the lawyer mediation system.The legislative and judicial status quo and mode of lawyer mediation are analyzed,and combined with the current situation of judicial practice in each pilot area,the relevant issues of lawyer mediation are pointed out and analyzed and studied.The third part,law The development dilemma of the teacher mediation system.Through the in-depth analysis of the operation of the pilot cities in practice,the problems are found and solved.The fourth part is the thinking and suggestions of improving the lawyer mediation system.Making corresponding reference suggestions according to the listed problems can provide help for the smooth development of the lawyer mediation system in China.