Research On Lawyer Mediation System In China

With the development of the economy and society,the number of litigation cases in China has shown a geometric growth.At the same time,disputes are becoming increasingly new and complex,greatly exceeding the carrying capacity of existing judicial organs.People’s legal awareness and awareness of safeguarding rights are also constantly improving.In order to meet the increasing demand for resolving disputes,promote the modernization of national governance,and to some extent reduce the trial volume of courts,the lawyer mediation system has emerged.In September 2017,the Supreme People’s Court and the Ministry of Justice jointly issued the "Opinions on Carrying out Pilot Work of Lawyer Mediation"(hereinafter referred to as the "Opinions"),which decided to carry out pilot work of lawyer mediation in 11 provinces(municipalities directly under the central government)such as Beijing,Shanghai,and Heilongjiang.For the first time,the basic framework of the lawyer mediation system was proposed,and the lawyer mediation system had basic operational norms.However,in the Opinion,there is only the most basic framework for institutional operation,and each pilot area also relies on the framework to independently explore the operational mode of the system.There is a lack of unified institutional norms and details,and there are many shortcomings that need to be further improved.The lawyer mediation system is where lawyers play a leading role in mediation,serving as a neutral third party to preside over mediation,using legal expertise and professional skills to assist parties in resolving disputes,promoting the mediation process and resolving disputes,and reaching mediation agreements.However,there are many problems in practice:legal norms still need to be improved,the avoidance system is not clearly defined,the mandatory force of mediation agreements is insufficient,the legal consequences of one party’s failure or delay in performance are not clearly defined,whether judicial review should be substantive or formal,the public lacks understanding of the lawyer mediation system,and the public welfare operation model cannot stimulate industry enthusiasm,Relying solely on the basic framework provisions in the Opinion is not enough to develop the lawyer mediation system itself in a virtuous cycle.By drawing on the experience of foreign lawyer mediation systems,we aim to improve China’s lawyer mediation system:to improve the legal norms of the lawyer mediation system,establish disciplinary and supervisory mechanisms,improve the mechanism for connecting lawyer mediation with the court,implement market-oriented operation of lawyer mediation,and enhance the recognition of the lawyer mediation system.Clarifying the lawyer mediation system is an important supplement to China’s diversified dispute resolution mechanism and an important force in the process of rule of law in China.