| With the increasing pressure of litigation in domestic courts in recent years,the increasing number of disputes and the diversification of the types of problems prominent,the establishment of a diversified dispute settlement mechanism has become an important subject in judicial practice...Because of their professional and professional nature,lawyers play a unique and irreplaceable role in mediation.Since September 2017,China began to promote the development of lawyer mediation in pilot areas,and the relevant legislation and practice of lawyer mediation began in pilot areas of lawyer mediation.Due to the combined influence of broad legal provisions,low public trust,poor enthusiasm of lawyers,lack of specific systems and other factors,the lawyer-led mediation system is difficult to further develop.This paper mainly starts with the system construction of lawyer-led mediation and the safeguard measures to promote the performance of mediation agreement,and combines with the reference experience outside the region to study how to give full play to the maximum role of lawyer-led mediation under the general background of the trend of resolving disputes through diversity.Besides the introduction and conclusion,this paper is divided into five chapters:The first chapter mainly discusses the positioning of lawyer mediation in the multiple dispute resolution system.According to the nature of lawyer mediation,lawyer mediation is divided into lawyer-led mediation and lawyer participation mediation,and expounds the difference between the two.Based on the theory of the role and function of lawyers in society,this paper analyzes the role of lawyers participating in leading mediation,and believes that it can improve the efficiency of rights relief,reduce the pressure of court proceedings,save judicial resources,broaden the channels of dispute resolution,and maintain social harmony and stability.In addition,lawyer-led mediation system is more flexible,effective and professional than other dispute resolution methods in resolving disputes.Chapter two is based on Zhejiang area as an example to expexpl the status quo and the preliminary results of the lawyer-guided mediation system in pilot areas of our country from the perspectives of the organization and the nature of the cases combined with the data and typical cases.The third chapter is the dilemma of lawyer-led mediation system in operation.Based on the pilot work and legislative status of the lawyer-guided mediation system in our country,the author summarizes the problems of the lawyer-guided mediation system in judicial practice.First of all,most people do not understand the lawyerled mediation system,leading to the dispute resolution in the choice of lawyer-led mediation is not active,and lawyers are not motivated to participate in the leading mediation.Secondly,different regions do not have different requirements for the qualifications of lawyers and mediators,and there are no corresponding provisions on the principle of prior and subsequent withdrawal of lawyers’ mediation,which makes it difficult to guarantee the quality of mediation results.Finally,the linkage between lawyer-led mediation agreement and judicial confirmation procedure also gives rise to the lack of public recognition for lawyer-led mediation system,all of which greatly affect the subsequent development of lawyer-led mediation system in our country.Chapter four makes some reference for improving our country’s lawyeroriented system from other countries’ experience and enlightenment.Foreign lawyer mediation system is more mature and the establishment of each country’s lawyer mediation system has its own unique ways.Although there are differences with our country in many aspects,such as legal concept,litigation structure and legal value,our country can still learn from it,so that our lawyer-led mediation system can be better operated.In Chapter five,the author puts forward some suggestions on the improvement of lawyer-led mediation system.Among the contents of the system improvement,it includes the standardization of the qualification of the lawyer mediator,the improvement of the incentive mechanism of the lawyer mediator,the improvement of the responsibility investigation mechanism and the supervision and avoidance mechanism.In this way,every step of the lawyer-led mediation system in the actual operation process is rational to follow,so as to ensure the standardized development of the lawyer-led mediation system.In addition,the judicial confirmation procedure of mediation agreement should be further perfected to promote the conclusion of mediation agreement.Further play its role in resolving disputes.With the increasing litigation pressure of domestic courts in recent years,the increasing number of disputes and the diversification of the types of prominent problems,the establishment of a diversified dispute settlement mechanism has become an important subject in judicial practice.Because of their professional and professional nature,lawyers play a unique and irreplaceable role in mediation.Since September2017,China began to promote the development of lawyer mediation in pilot areas,and the relevant legislation and practice of lawyer mediation began in pilot areas of lawyer mediation.Due to the combined influence of broad legal provisions,low public trust,poor enthusiasm of lawyers,lack of specific systems and other factors,the lawyer-led mediation system is difficult to further develop.This paper mainly starts with the system construction of lawyer-led mediation and the safeguard measures to promote the performance of mediation agreement,and combines with the reference experience outside the region to study how to give full play to the maximum role of lawyer-led mediation under the general background of the trend of resolving disputes through diversity.Besides the introduction and conclusion,this paper is divided into five chapters:The first chapter mainly discusses the positioning of lawyer mediation in the multiple dispute resolution system.According to the nature of lawyer mediation,lawyer mediation is divided into lawyer-led mediation and lawyer participation mediation,and expounds the difference between the two.Based on the theory of the role and function of lawyers in society,this paper analyzes the role of lawyers participating in leading mediation,and believes that it can improve the efficiency of rights relief,reduce the pressure of court proceedings,save judicial resources,broaden the channels of dispute resolution,and maintain social harmony and stability.In addition,lawyer-led mediation system is more flexible,effective and professional than other dispute resolution methods in resolving disputes.Chapter two is based on Zhejiang area as an example to expexpl the status quo and the preliminary results of the lawyer-guided mediation system in pilot areas of our country from the perspectives of the organization and the nature of the cases combined with the data and typical cases.Chapter three based on the pilot work and legislative status of the lawyerguided mediation system in our country and summarizes the problems encountered in judicial practice.First of all,most people do not understand the lawyer-led mediation system,leading to the dispute resolution in the choice of lawyer-led mediation is not active,and lawyers are not motivated to participate in the leading mediation.Secondly,different regions do not have different requirements for the qualifications of lawyers and mediators,and there are no corresponding provisions on the principle of prior and subsequent withdrawal of lawyers’ mediation,which makes it difficult to guarantee the quality of mediation results.Finally,the linkage between lawyer-led mediation agreement and judicial confirmation procedure also gives rise to the lack of public recognition for lawyer-led mediation system,all of which greatly affect the subsequent development of lawyer-led mediation system in our country.Chapter four makes some reference for improving our country’s lawyeroriented system from other countries’ experience and enlightenment.Foreign lawyer mediation system is more mature and the establishment of each country’s lawyer mediation system has its own unique ways.Although there are differences with our country in many aspects,such as legal concept,litigation structure and legal value,our country can still learn from it,so that our lawyer-led mediation system can be better operated.In Chapter five,the author puts forward some suggestions on the improvement of lawyer-led mediation system.Among the contents of the system improvement,it includes the standardization of the qualification of the lawyer mediator,the improvement of the incentive mechanism of the lawyer mediator,the improvement of the responsibility investigation mechanism and the supervision and avoidance mechanism.In this way,every step of the lawyer-led mediation system in the actual operation process is rational to follow,so as to ensure the standardized development of the lawyer-led mediation system.In addition,the judicial confirmation procedure of mediation agreement should be further perfected to promote the conclusion of mediation agreement.Further play its role in resolving disputes. |
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