Research On The Improvement Of The Lawyers’ Mediation System

The implementation of lawyers’ mediation in China is one of the important achievements of judicial reform in recent years,and the Opinions on Carrying out Lawyers’ Mediation Pilot Work jointly issued by the Supreme People’s Court and the Ministry of Justice have completed the basic construction of China’s lawyers’ mediation system in terms of top-level system design.Analyzing the basic content and operation status of China’s lawyer mediation system,it can be found that there are deficiencies or even unreasonable in the operation mechanism and supporting mechanism of the system,and its development presents a negative trend of small application and low success rate,which will hinder the long-term development of China’s lawyer mediation system.Therefore,based on China’s current situation,we should fully absorb positive experience outside the region,such as improving China’s ADR legislation,attaching importance to the training of lawyer mediators,giving full play to the role of market regulation,and taking necessary measures to improve China’s lawyer mediation system.First,a special alternative dispute resolution law should be established,and the lawyer mediation system should be explicitly included to solve the shortage of legislative supply;Set up market-based lawyer mediation promotion clauses to encourage the development of market-oriented lawyers’ mediation models,so as to get rid of the dilemma of unbalanced allocation of lawyers’ mediation models;By optimizing the judicial confirmation provisions for payment order applications and lawyers’ mediation agreements,the lawyers’ mediation system and litigation will be connected.Second,by determining reasonable and unified access standards,improving lawyers’ mediation subsidies,and unifying lawyers’ mediation management bodies,the judicial administrative organs,the main body of management,are responsible for improving the supporting mechanisms of China’s lawyers’ mediation system.Finally,pre-job training and regular on-thejob training should also be provided for lawyer mediators,and corresponding reward and punishment mechanisms should be set up to promote the transformation of the role of lawyer mediators and resolve conflicts of interest between lawyers’ roles and interests in mediation work.The improvement of the lawyers’ mediation system can make up for the shortcomings of the current lawyers’ mediation work in China,give full play to the advantages of lawyers in conflict prevention and dispute resolution,and be conducive to the development of the socialist lawyer system with Chinese characteristics and the completion of China’s diversified dispute resolution system.