Research On My Country's Lawyer Mediation System

With the vigorous development of China's socialist market economy,the social contradictions are increasing rapidly,and at the same time,they are changing from single traditionalization to complex diversification in nature.Facing the situation that the number and complexity of disputes are on the rise,the traditional dispute resolution mechanism has been unable to undertake the heavy responsibility of resolving disputes as in the past and easily conquer the new type of disputes.As the product of new disputes in the new era,the diversified dispute resolution mechanism has to a large extent made up for the shortcomings of the traditional dispute resolution mechanism.Compared with other types of dispute resolution mechanisms,the lawyer mediator in the lawyer mediation has the advantage of professional level compared with the people's mediator.In the process of mediation,the lawyer mediator can accurately find the entry point of mediation work and quickly clarify the legal relationship between the subjects with solid legal knowledge.Compared with the judge,it has the advantage of identity,which can shorten the distance between the parties involved in the mediation,and at the same time ease the emotions of the parties involved,which is conducive to the development of the subsequent mediation work.It can be predicted that,with its professional lawyer mediation efficiency features such as flexibility,the future will become an important part of multiple mechanisms of dispute resolving however,lawyers mediation system in our country is still in trial stage,many problems emerged in practice,such as lawyers to mediate the social foundation of weak lawyers adjuster team management mechanism is not sound law to participate in mediation enthusiasm is not high.Therefore,the study of the mediation of lawyers,on the one hand,is helpful to improve the relevant laws,standardize the behavior of lawyers in the mediation,and avoid the arbitrariness of lawyers' behavior and the resulting contradictions;On the other hand,it is conducive to the protection of the rights of the parties and ensures that the mediation agreement conforms to the true expression of the parties' intentions.The first chapter of this article first to lawyer mediation system were summarized,this paper introduces the concept of law mediation system background characteristics and function of lawyer to mediate the lawyer as a neutral third party,without an interest in between the two parties involved in mediation center,with a high degree of specialization in the form of diversification can embody the characteristics of the lawyer's social responsibility.The second chapter of this paper investigates the foreign lawyer mediation system.By studying the lawyer mediation system of common law countries represented by the United Kingdom and the United States and the lawyer mediation system of civil law countries represented by Japan,it summarizes and compares the common and differences of the lawyer mediation system of each country.The third chapter of this paper mainly analyzes the law of mediation system running status and existing problems,and the first lawyer is presented through the list of present data method mediation system in our country present stage had achieved gratifying results,secondly by the lawyers mediation system in operation in the process of implementation,and communities in lawyer's mediation system in our country is summarized in the practice needs to solve the problem.The last chapter of this paper put forward the perfect way to lawyer mediation system at present stage,aiming at the problems mentioned in the previous chapter practice,from the appropriate introduction of compulsory mediation mediator management training mechanism can stimulate lawyers involved in the enthusiasm of clear court intervention degree give right of investigation to mediators lawyer and guarantee the effectiveness of the settlement agreement the six specific ways to improve the Angle argument.