[Direct answer]In the Beijing area, it usually falls under this category, but it depends on the specific form. According to Article 28 of the Law of the People's Republic of China on Lawyers, lawyers can accept commissions to participate in mediation and arbitration activities, and can also accept commissions to provide non-litigation legal services. Lawyer mediation refers to lawyers accepting clients' commissions to mediate and facilitate settlements outside of litigation and arbitration, or to participate in mediation under the auspices of people's courts and mediation organizations. Its common characteristics are that it does not require litigation to be initiated, and it resolves disputes through negotiation and settlement, so it is often classified as a non-litigation legal service. If the mediation ultimately needs to be transformed into a settlement agreement or mediation document in litigation or arbitration, the related litigation agency work belongs to litigation services; but as for the mediation itself, it belongs to a non-litigation dispute resolution method. Whether to charge fees and how to charge fees depend on the provisions of the agency contract.

1. Problem background and typical scenarios

When contract disputes, family disputes, or mass disputes arise between enterprises, more and more people choose to first engage in mediation and then litigation. Lawyers play the role of coordinators and solution designers in this process. Clients often ask, "What kind of service is it to hire a lawyer for mediation? Is the fee the same as that for litigation?" In the legal service practice in Beijing, the positioning, effectiveness, and fees of lawyer-mediated services are issues that need to be clarified before hiring a lawyer.

II. Key points of dispute

First, the business nature of lawyer-mediated disputes resolution. Second, the legal effect of mediation agreements. Third, the connection with litigation and arbitration. Fourth, the charging method and scope of engagement.

III. Professional analysis by Henglue Law Firm

The first layer, business attributes: According to the scope of business of the Lawyers Law, lawyers can participate in mediation and arbitration activities, and also provide non-litigation legal services. Lawyer mediation does not necessarily involve litigation, and the core is to promote reconciliation through negotiation, so it is generally classified as a non-litigation business. If appointed by the court or mediation organization and preside over the procedure, it also has the nature of procedural participation. The second layer, mediation effectiveness: The mediation agreement reached by the parties themselves and assisted by lawyers is a civil contract, which is binding and can apply for judicial confirmation to obtain enforceability according to law; the mediation agreement reached in litigation and the mediation agreement in arbitration also have enforceability. The third layer, connection arrangements: If mediation fails, it can be transferred to litigation or arbitration; the evidence fixed, disputes and solutions sorted out by lawyers during the mediation stage can be directly used in subsequent procedures, which is also the value of the "mediation before litigation" strategy. The fourth layer, fees and entrustment: Lawyer mediation is usually charged on a piecework, hourly, or percentage basis, which is specifically stipulated in the entrustment contract; when entrusting, it is necessary to clarify the scope of services (whether it includes negotiation, drafting agreements, judicial confirmation, and subsequent litigation) to avoid disputes arising from unclear scope; for complex disputes involving multiple parties and across regions, mediation can often significantly reduce time and cost costs. Related disputes can be resolved throughSpecial servicesOverall handling of the service.

IV. Practical suggestions and legal basis

The first step is to determine whether the dispute is suitable for pre-mediation and assess the feasibility of mediation and the other party's attitude. The second step is to agree with the lawyer on the scope of services, which includes negotiation, plan design, drafting of agreements, and judicial confirmation. The third step is to promptly secure evidence and reserve space for litigation and arbitration if mediation fails. The fourth step is to apply for judicial confirmation after reaching a mediation agreement to obtain enforceability. The fifth step is to pay attention to the boundaries of confidentiality and concessions during mediation to avoid exposing one's true intentions when uncertain. Main legal basis: Article 28 of the Law of the People's Republic of China on Lawyers; provisions on mediation and judicial confirmation in the Civil Procedure Law of the People's Republic of China; provisions on the effectiveness of mediation agreements and judicial confirmation in the People's Mediation Law of the People's Republic of China; relevant provisions of the Supreme People's Court on special invitation mediation; specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three key points of lawyer-mediated settlements: Mediation is not necessarily a prerequisite for litigation and is generally a non-litigation service; the mediation agreement is a civil contract, and can apply for judicial confirmation to obtain enforceability; when entrusting a lawyer, it is necessary to clarify the scope of services. The plan of first mediation and then litigation can seamlessly connect with evidence. For special services, clients can consult with lawyers through the platform.Special servicesWe provide a comprehensive solution for services, which involves the integration of corporate contracts and operationsBusiness and contract disputes in enterprisesFor reference, you can check the section related to debt recovery and enforcementCreditor's rights and debts, and enforcementThe column provides consultation on intellectual property and compliance issues.Intellectual property and corporate lawTeam.

VI. Frequently Asked Questions

Q1: Is lawyer mediation considered a non-litigation service?

They usually belong to this category. Lawyers can be entrusted to participate in mediation and provide non-litigation legal services. Mediation does not necessarily involve litigation and is characterized by negotiation and settlement, so it is often classified as a non-litigation service.

Q2: Does the mediation agreement have enforceability?

The mediation agreement itself is a civil contract and is binding; after being legally confirmed by the people's court, it gains the force of compulsory enforcement. Meanwhile, the mediation agreement in litigation or arbitration directly possesses the force of compulsory enforcement.

Q3: What should I do if the mediation fails?

It can be transferred to litigation or arbitration; the evidence fixed during the mediation stage and the sorted-out disputes and solutions can be directly used in the subsequent procedures.

Q4: Are the fees the same as those for litigation?

Not necessarily. Lawyers usually charge fees based on a per-case, hourly, or contingency basis, as agreed in the engagement contract. These fees may be charged separately from litigation services.

Q5: What should be agreed upon when placing an order?

Define the scope of services clearly, such as whether it includes negotiation, scheme design, drafting of agreements, judicial confirmation, and subsequent litigation representation, to avoid disputes arising from unclear scope of services.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific matters.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.