Abstract
On September 30, 2017, the Supreme People’s Court of China and the judiciary jointly issued the “Opinion on the implementation of the pilot project for lawyer mediation” (hereinafter referred to as the “pilot opinion”). This pilot opinion declares the official appearance of the new lawyer mediation system in China. There may be two ways for lawyers to participate in mediation. One way is to participate in the mediation as the attorney of one party and firsthand draw an agreement with the other party. The other way is to lead the mediation in the capacity of an independent and neutral third party to induce the two parties to draw an agreement based on equitable negotiation. Before the announcement of the pilot opinion, the way for lawyers to participate in mediation in Chinese judicial practice was limited to the first way. However, with the announcement of the pilot opinion, the second way for lawyers to participate in mediation in China has been established as one of lawyers’ working methods. This paper examines lawyer mediation in its narrow sense as a way of dispute resolution, in which the lawyer leads mediation as an independent, and objective third party to derive concessions and agreements between two parties. First, the background and process of the introduction of the Chinese lawyer mediation system is examined, the concrete contents of the lawyer mediation system are examined thereafter, the lawyer mediation system is evaluated, and finally, implications are presented.
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