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20世纪70年代,发端于欧美的法律谈判,是一种由律师出面,代理当事人解决纠纷的非规范性的纠纷解决方式。法律谈判以当事人的意思自治为基础,有可能发生在诉前,也可能发生在诉中,以实现双方当事人互赢为主要目的。这种非规范性的纠纷解模式逐步在我国纠纷解决中被广泛运用,它对缓解我国司法压力、建立多元化纠纷解决体制以及提升我国社会纠纷控制与解决能力都具有重要的价值。
In the 1970s, the legal negotiation originated in Europe and the United States was a non-normative way to resolve disputes by lawyers and agents. Legal negotiation is based on the autonomy of the parties concerned and may take place before the prosecution and may also occur in the prosecution with the main purpose of achieving mutual win between the parties. This non-normative model of dispute resolution is gradually being widely used in dispute resolution in our country. It is of great value to relieve the judicial pressure in our country, to establish a pluralistic dispute resolution system and to enhance our ability to control and resolve social disputes.