多元化纠纷解决机制下律师调解制度的创新

Innovation of Lawyer Mediation System Under Diversified Dispute

律师调解纳入多元化纠纷解决机制已成为法治社会建设的必然措施。近几年,律师作为调解员,中立、公平地主持调解的方式在各地逐步推广,相比较于传统的调解方式,律师调解以其专业性、高效性、可信赖性等独特优势为纠纷当事人所采纳。2017年最高人民法院和司法部共同发布的《关于开展律师调解试点工作的意见》规定了律师调解的一些基本内容,进一步明确了律师调解的性质,丰富了多元化纠纷解决机制。但是,《意见》只是对律师调解予以了笼统性规定,在司法实践中仍存在有待解决的问题。

The integration of lawyers'mediation into a diversified dispute resolution mechanism has become an inevitable measure for the construction of a society ruled by law.In recent years,as a mediator,lawyers have gradually promoted mediation in a neutral and fair manner.Compared with traditional mediation methods,lawyer mediation has its unique advantages such as professionalism,efficiency,trustworthiness and adoption.The"Opinions on the Pilot Work of Lawyers'Mediation"jointly issued by the Supreme People's Court and the Ministry of Justice in 2017 stipulated some basic contents of lawyers'mediation,further clarified the nature of lawyers'mediation and enriched the mechanism of diversified dispute resolution.However,the"Opinions"only provide general provisions for lawyers'mediation,and there are still problems in judicial practice that need to be resolved.