Is it that courts will not look at lawsuits unless lawyers first attempt mediation? For lawyers, more lawsuits mean more money. If they choose mediation as a way to deal with lawsuits, their income will fall. Without supportive regulations to ensure the use of mediation when lawyers are reluctant, the call of the Henan local judicial authority will become a mere scrap of paper.

Boost for harmony

Li Liuhe (www.dahe.cn): According to public opinion, lawyers are supposed to seek evidence, draft bills of indictment and defend their clients in court. But from a civilian perspective, sending reconcilable cases directly to court without mediation efforts diverges from the principles of social harmony and stability. First, considering the time lawyers and courts spend collecting evidence and investigating, lawsuits demand an extended processing period, which heightens tension between the parties concerned and increases the cost. Second, most litigants are not rich, and may encounter financial strain due to high counsel and court fees. Third, as an exhausting and time-consuming process, litigation may upset both parties' regular work and business.

Encouraging lawyers to act as mediators will reduce financial burden on litigants, settle disputes more quickly and protect individual rights more effectively. Lawyers play an important part in the building of a harmonious society. Given the potential benefits, why shouldn't they act as mediators?

Mo Shuai (www.legaldaily.com.cn): Acting for a specific litigant in a lawsuit, a lawyer is supposed to defend his (her) client's rights and interests to the maximum. With extensive knowledge of the facts and the applicable laws, he (she) of course can choose to mediate an out-of-court settlement if it is the most practical solution.

Certainly, some people's opposition to the "mediation call" issued by the judicial authority of Henan Province is pointless. Mediation is an important part of lawyers' job description. Moreover, it has basis in existing laws. According to Article 28 of the Law on Lawyers, the scope of lawyers' business includes accepting cases and engaging in mediation and arbitration.

Generally speaking, mediation is a time-efficient method, the result of which may be even better than a court ruling. For lawyers, the mediation process has obvious advantages, one of which is easing the mental strain from such a high-stress profession. Although they are strong-minded and energetic, lawyers struggle with fear and tension when they face tough cases or piles of lawsuits. Therefore, making more attempts to compromise compensates for the weariness from court debate.

As for whether mediation slashes lawyers' income, there are indeed different fee schedules for mediation and litigation in some agency contracts. But it's all about how lawyers approach their work. Through communication with clients, telling them about what's helpful and what's harmful to them, and acknowledging the benefits of applying different methods to different cases, lawyers would not see their earnings decrease simply because of mediation.

Admittedly, the traditional relationship between lawyers and clients puts more weight on the latter, but with social development and lawyers' functional extension, lawyers should not be restricted to the role of assistant. On the contrary, they should develop their own ability to explore more applicable methods other than legal proceedings, and introduce more ways for clients to rationally smooth over disputes. Incorporating law and senses, mediation is like a lubricant that not only distinguishes lawyers' professional skills, but illustrates the wisdom of human nature.

Lu Ning (Guangzhou Daily): Western judicial philosophy was introduced to China in the late 1970s. Some good things have been adopted and applied in judicial practice, while others have created eccentric results, one of which is that out-of-court mediation had been criticized and abandoned as being "against modern constitutional principles" and promoting a "weak-minded judiciary."

If one party initiates a lawsuit for a justifiable affirmation, then the defense is inclined to pursue mediation. Though a lawsuit divides the two parties, through mediation they can partly reconcile and eventually reach a compromise. Otherwise, the two parties could be at odds forever, even if the plaintiff wins the affirmation he seeks.

If someone files a lawsuit for reasons related to economic interests, mediation helps save face and ensure more amicable outcomes. If the two parties face each other in court and the plaintiff loses, he might resent the court; if the defendant loses, he loses both face and money, which might frustrate the enforcement of court ruling.

Regardless of the troubles litigants encounter, judicial efficiency, judicial prestige and social harmony are negatively affected as well. In this regard, reaching a compromise before appearing in court for common civil and commercial disputes maximizes litigants' benefits, judicial efficiency and social harmony. So why not adopt it as a "harmonious judicial institution" with Chinese characteristics?