劳动争议案件的律师调解机制研究

Research on Lawyer Mediation Mechanism in Labor Dispute Cases

律师参与调解劳动争议案件在当前具有紧迫性和必要性,它可以减少劳动争议仲裁和诉讼的程序成本,有效实现息讼止争。以律师调解机构为代表的营利性中介调解组织为当事人提供争端调处服务并收取适当费用,具有许多司法、仲裁、行政和人民调解所不具备的优点。目前需要由政府劳动行政主管部门联合司法行政主管部门和法院,制定和完善相关行业规范,使该项业务能有序、诚信、高效地开展,包括完善劳动争议纠纷调解与司法确认的对接机制、建立高效有序的劳动争议律师调解服务机制以及加强劳动争议律师调解员的职业规范和职业道德建设等。

It is urgent and necessary for lawyers to participate in the mediation of labor dispute cases.For a quite large portion of such cases,lawyers'participation is able to avoid the procedural costs of arbitration and litigation.As one of the intermediary institutions,lawyer mediation agencies,which provide dispute mediation services for the parties and collect appropriate fees,possess many advantages that are not available in judicial,arbitration,administrative and People's mediation proceedings,including the mediators'distinctive role as facilitators for dispute settlement;the convenience of time arrangement for mediation,unique advantages of facilities and logistical arrangements,more conducive procedure for the participation of the parties.The Supreme People's Court and the Ministry of Justice have promoted lawyers'mediation of civil and commercial disputes throughout the country,and lawyers'labor dispute mediation business faces no legal obstacles at present.The current work that needs to be strengthened is that the government's labor administrative departments should conclude and improve relevant mediation norms together with judicial administrative departments and the courts,so that the mediation business can be carried out in an orderly,honest and efficient manner,including improving the docking mechanism for labor dispute mediation and judicial confirmation,establishing an efficient and orderly mediation service mechanism for lawyer mediators,and strengthening the business norms and professional ethics.