Research On The Optimization Of China’s Lawyer Mediation System

Influenced by traditional Chinese culture,mediation has been widely applied in ancient China.It plays an important role in the process of resolving disputes and maintains the harmony of society and interpersonal relations.Since the founding of the People’s Republic of China,China has also explored and attached importance to the practice and development of mediation system,which has played an important role in resolving disputes and reduced the trial volume of the court to a certain extent.With the development of society,disputes are becoming more and more new and complicated.The original mediation mode can not fully meet the needs of social development,so it is necessary to innovate and improve the mediation mechanism.After years of development,the quality and quantity of lawyers in China have been significantly improved,which can adapt to the needs of dispute resolution and become the main force of dispute mediation.In recent years,China’s central and local governments have gradually begun to formulate the lawyer mediation system,but there are still many deficiencies in the lawyer mediation system need to be further improved.This paper is mainly divided into four parts.The following is a brief summary of each chapter:The first part mainly discusses the function of China’s lawyer mediation system,the social background of lawyer mediation,the value of the existence of lawyer mediation,and the characteristics of lawyer mediation compared with other alternative dispute resolution methods.The second part discusses the gradual evolution of China’s lawyer mediation system and the final legal text.The deficiencies of China’s lawyer mediation are mainly reflected in four aspects.First,China’s lawyer mediator access system is too strict,which causes some difficulties in the process of practice.Second,China is short of training clauses for lawyers and mediators.Only with good mediation ability can we better engage in mediation business.Third,at present,the effectiveness level of teacher mediation is too low,which leads to the weak mandatory attribute.Fourth,there is no systematic existence of legal norms of lawyer’s professional ethics in China.The third part investigates the establishment of foreign countries’ professional ethics codes and training systems for lawyers.The professional ethics codes for foreign lawyers pay more attention to the confidentiality and neutrality of the main body of lawyers’ mediation procedures and reasonably protect the interests of the parties.At the same time in the mediation process also pays great attention to the establishment of the mediator training system to improve the shortcomings of China’s lawyer mediation system to provide a model.The fourth part is mainly based on the experience of foreign development to optimize the norms of China’s lawyer mediation system.Mainly reflected in the entity and the procedure legislation,perfect the lawyer mediation mediation tend to make lawyers,prominent lawyer mediation main body role,also need to pay attention to the training of ability for lawyers mediation,market-oriented operation,also want to improve the system of lawyer profession ethics,mediation play a substantial role to lawyers,get the public recognition,form a good circulation of dispute resolution,to serve the rule of law society.