Closing the case vs. settling the case - emphasizing the role of lawyers in mediation

Wang Bing Lawyer: Education background: Northwestern Polytechnical University testing bachelor's degree, Shandong University of Political Science and Law, bachelor's degree in law, English grade four. Business expertise: nearly ten years of experience as a lawyer, has undertaken criminal defense, real estate disputes, road traffic accidents, industrial and commercial insurance cases nearly 1,000, and served as Zibo City Water Resources Management Office, Linzi City Construction and Development Company and more than a dozen units such as perennial legal adviser, with the shareholding restructuring of the legal business qualifications, the Department of Luzhong Morning News lawyer, Zibo Evening News legal aid mission members, Zibo Vocational College He is a lawyer of Luzhong Morning News, a member of Legal Aid Mission of Zibo Evening News and a part-time teacher of Zibo Vocational College.
In order to promote social harmony and stability, the supreme court puts forward “mediation priority, mediation and judgment” principle of litigation, and strive to achieve “settle disputes, case settled”. In realizing the goal of “settling disputes and settling cases”, the function and effect of mediation is superior to that of adjudication. At present, due to the social concept, the legal environment and other aspects of the reasons, China's diversified dispute resolution mechanism has not yet been improved, in the real conditions, mediation in easing social conflicts, make up for the inadequacy of the law and litigation procedures, proper settlement of disputes, saving judicial resources in the advantage of more and more obvious, “the case is closed” is the advantage of mediation the most clear summary. Clearly summarize the advantages of mediation.
I believe that whether lawyers have the sense of “case settlement” in the process of handling cases directly affects the progress of the case, and whether the dispute can be successfully resolved. Therefore, we cannot rely solely on the court to do this work, lawyers should be obliged to play its due role. Lawyer is to accept the client's commission, that is, the use of legal knowledge on the procedure and entity to provide legal services. From the analysis of the case to collect evidence, from the case to the court or defense, from the first trial to the second trial, application for retrial, application for compulsory execution, etc. Each stage of the lawyer can provide legal services to the parties.
When lawyers use skillful legal skills for the parties to advise, is to stand to maintain the dignity of the constitution and the law and adhere to the legal entity, procedural justice, or stand on both sides of the position of both parties to resolve disputes and make them avoid litigation? Obviously will lead to two different results. Because the parties will be because of the position, relative to the judge more trust in their own lawyers, this is the key to the problem. For individual cases, not through the lawyer only rely on the court to mediate to achieve the end of the case is very difficult, for example, for traffic cases, the victim lawyer can mobilize the parties to accept the defendant's compensation rather than the “lawsuit to the end”; defense lawyers should be a huge amount of money in compensation to the victim's family, for the family's understanding, rather than Used to “dredge up relations”. Therefore, the cooperation between judges and lawyers in the mediation process of litigation cases is particularly important.
The relationship between judges and lawyers is the most sensitive issue. Although both belong to the same legal professional community, but in the litigation activities do have the role of difference, in the “case is closed” on the road towards the goal is unavoidable. Lawyers earn money is not easy, because the party is not the last resort is not a lawsuit, in other words, a lifetime on a lawsuit, the party entrusted to the lawyer to do things that he is difficult to solve, if the handling of bad or faulty words, the lawyer is under very great pressure. But some judges do not recognize this point, do not give lawyers a good face, not move towards lawyers, cynical, even in front of the parties do not give lawyers face, how can this play the role of lawyers in mediation in the case? From another point of view, the lawyer's fee is charged in accordance with the law, the lawyer is not so willing to give the judge a share of the pie. Besides, the judge's income is the financial allocation, and lawyers generally do not have a salary, all income is to rely on social recognition, popularity to the market “distribution”. Especially young lawyers suffer from no source of cases, the problem of food and clothing is still difficult to solve. Some judges also have a bad habit, is to ask the party to pay how much lawyer fee, and then said to the party “how to pay so much, what is the use!” This has reached the point where judges and lawyers are difficult to cooperate, generally the consequences of this situation is mediation can not only verdict, the verdict is not convinced of the appeal, complaints, typical “case closed”.

The establishment of a mutual monitoring mechanism between judges and lawyers is a good solution to the problem of normal interaction between the two. First of all, mutual understanding: the judge, especially the grass-roots judges are very tired, some grass-roots court judges to hear more than 200 cases a year, just to write a judgement an average of one and a half a day, but also to ensure the accuracy of the verdict and mediation rate and a low rate of petitions; these are enough to let lawyers respect the judge. Secondly, can regularly organize exchanges: the court system and the bar association regularly organize exchanges, some of the difficult, hot issues to focus on discussing and solving; again, can take the back-to-back evaluation approach, judges and lawyers to each other anonymous evaluation scoring, scores ranked first and last as a reward or punishment as a reference basis, according to which may make the judicial level of corruption is greatly reduced.
The establishment of judges and lawyers to support each other's platform is conducive to the implementation of mediation cases. Part of the lawyers who are good at mediation “lift” out of the water, increase their social visibility, so that they give full play to their exemplary role; improve their reputation, increase the opportunity to participate in politics; publicize part of the successful mediation cases to the community, public opinion orientation highlights the publicity of the “case is closed! “In addition, lawyers are advocated to play an exemplary role in non-litigation disputes.
In addition, advocate lawyers play a role in alternative dispute resolution mechanism, prompting both parties to reach out-of-court settlement, not only can divert litigation, greatly reduce the pressure of the court, to overcome the limitations and shortcomings of the litigation, so that the justice to get qualitative changes, promote social harmony and stability, but also consistent with the international trend in the development of mediation and diversification of dispute resolution mechanism.
Finally, I think the court's “5 prohibitions” issued obviously is not to cut off the judges and lawyers legitimate interaction, on the contrary, the construction of judges and lawyers in the litigation and mediation process of benign interaction more conducive to the realization of the goal of the case is closed, to maintain social harmony and stability.