Can lawyers be part-time mediators?

Lawyers can be part-time mediators.

According to the Opinions, instead of simply expanding the subject of mediation from people's mediators to lawyers' mediators, a series of institutional innovations are carried out on the legal basis of people's mediation. Judging from the location, the coverage of lawyer mediation has greatly increased. Courts, public legal service centers and lawyers' associations may set up lawyers' mediation centers, and law firms may also set up mediation studios. Judging from the effectiveness of the agreement, the legal effectiveness of lawyer mediation is guaranteed. A mediation agreement reached under the auspices of the People's Mediation Committee is not enforceable. If one party disagrees or fails to perform, it still needs to bring a lawsuit to the court or both parties apply to the court to confirm the validity of the agreement. However, if the agreement reached through mediation by lawyers contains payment of money or securities, the creditor may directly apply to the court for a payment order; If an agreement with the nature of a civil contract is reached, either party may apply to the court for confirmation of its validity.

The lawyer's duty is:

1. A lawyer acting as a legal adviser shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of the client;

2. If a lawyer represents litigation legal affairs or non-litigation legal affairs, he shall safeguard the legitimate rights and interests of the client within the scope of authorization;

3. As a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, and safeguard the legitimate rights and interests of criminal suspects and defendants.

To sum up, lawyers can help the parties to analyze the case, advantages and disadvantages, provide constructive opinions for the parties to make the most appropriate decision, and remind the parties to take effective legal measures in time; According to the needs of the case, timely investigation and evidence collection, and fixing the evidence in favor of the parties are the basis for safeguarding the legitimate rights and interests of the parties.

Legal basis:

Article 25 of the Lawyers Law of People's Republic of China (PRC)

When a lawyer undertakes business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly according to the provisions of the state and record them truthfully. Law firms and lawyers shall pay taxes according to law.

Article 26

Law firms and lawyers shall not engage in business by slandering other law firms and lawyers or paying referral fees.

Article 27

Law firms shall not engage in business activities other than legal services.