The Group-based Dispute Resolution Mechanism

In this paper,it was found that in recent years,many institutions and large companies have temporarily set up investigation groups,working groups and other kinds of groups to cope with the dramatic increase in sudden report and become a representative and typical reaction mechanism to solve sudden report.We abstracted the concept of “group-based dispute resolution mechanism” from the process of solving relevant cases.The group-based dispute resolution mechanism means that when there is a certain dispute between the reporting party and the reported party,the reporting party does not choose to go to court for public remedies and social relief,but chooses to go to the institution in which the reported party works,reporting and exposing the dispute through the medias and the Internet,and the institution chooses to set up a temporary group to investigate the facts of the dispute in the face of sudden reports and complaints against the personnel of it,and resolve the dispute based on the investigation conclusions of the group.The group-based dispute resolution mechanism has been widely used in the real-life dispute resolution process,thus the research of the group-based dispute resolution mechanism has both practical significance and academic significance.Through dynamic game analysis,it is found that the group-based dispute resolution mechanism is the result of the synergy of the three-party dynamic game among the reporting party,the reported party,and the party to which the reported party belongs.There are a number of factors that may prevent the reporting party from seeking public remedies from authorities such as the court,procuratorates and police.After the party reporting the news through the news media,Weibo We Chat and other online social platforms,it may trigger strong public attention in a short period of time and increase the probability of the institution in which the reported party works to be subject to reputational punishment.The institution in which the reported party works is afraid of being subjected to the reputational punishment imposed by the public,and has to actively respond to the report and resolve the dispute,which is the foundamental cause of the reporting party chooses to report the dispute to the institution in which the reported party works,and also the root cause of the practicality of the group-based dispute resolution mechanism.Many case implies that using news media and online social platforms to report as game strategies has very strict requirements on the ability of using rhetoric and mass media.The ability to use rhetoric and mass media is a scarce ability.It is uncertain whether the reporting party can raise the strong concern of the public.Therefore,the institution in which the reported party works will act according to the situation: when the pressure from the superior management department is large and the public is highly concerned,and the public is very likely to impose joint liability punishment on the institution,the institution will actively respond;otherwise,the institution will use negative response strategy.Since he institutions in which the reported party works,such as institutions of higher learning,hospitals,large commercial organizations,etc.,are not professional dispute resolution institutios,and there is no special dispute handling department within it,therefore,the institutions set up a cross-departmental investigation team to deal with the report dispute.The group-based dispute resolution mechanism can effectively resolve disputes,which is attractive to both the reporting party and the unit to which the institution in which the reported party works.The research found that the institutions that resolves report disputes by setting up a group is common in practice,but there are still exceptions.Compared with the group,the committee is more normal,and it is not essential to name the organization dealing with sudden disputes as a group or a committee.The main function of the group is to deal with sudden report disputes,to calm the public caused by the dispute,but not to prevent the same type of report dispute.Using the market perspective to break into the dispute resolution field,we find that various types of dispute resolution methods such as remedy by public force,social remedy,and self-help remedy constitute an invisible “disputes resolution market”.The wide application of the group-based dispute resolution mechanism indicates that it still forms a certain competitive relationship with the national statutory judicial remedy in certain areas.The diversified dispute resolution mechanism is a general term for non-litigation dispute resolution procedures or mechanisms other than litigation,and the group dispute resolution mechanism is a kind of diversified dispute resolution mechanism,which is the spontaneous order generated by the dispute resolution market,rather than the result of the country's initiative design,which makes the group-based dispute resolution mechanism have obvious self-help remedy attributes,but it also contains certain public power.The group-based dispute resolution mechanism and the public remedy have formed a competitive and complementary relationship in the dispute resolution market.The fourth chapter mainly analyzes the advantages and disadvantages of the group-based dispute resolution mechanism.The group-based dispute resolution mechanism facilitates the communication of bureaucratic organizations,resolves sudden report disputes effectively and quickly,resolves disputes while deterring potential criminal activities,and reduces the pressure of handling cases for public authorities such as the court and the police,as well as avoiding or reducing the instituiton's own losses and many other advantages.At the same time,the group-based dispute resolution mechanism also exposes some defects in practice,these defects are mainly manifested as: the group established by the institution in which the reported party works may not have the professional ability to resolve the dispute;the group lacks of external constraints and the dispute resolution process lacks of transparency;the group-based dispute resolution mechanism has harsh application conditions;the actual role of the group in the group-based dispute resolution mechanism is to resolve disputes rather than prevent similar disputes,and the group-based dispute resolution mechanism erodes the legitimate areas of judicial remedy and other issues that need to be improved.The fifth chapter proposes to improve the group-based dispute resolution mechanism from the following aspects: the group established by the institution in which the reported party works should be representative,and should consider the members representing different interests;the group should investigate the facts of the dispute according to law,an in the working process of the group,the institution and its established group shall deal with the report dispute according to laws,regulations and facts;since the actual reporting disputes are complicated,there may be both civil and criminal disputes,and the public authorities should supervise process of application of the group-based dispute resolution mechanism,and the possibility of the public authority's involvement in the dispute resolution process is preserved;in order to avoid the group-based dispute resolution mechanism erodes the judicial remedy and to make the group-based dispute resolution mechanism and judicial remedy form effective competition in the dispute resolution market,it should be clarified that the parties have the right to choose to judicial remedy directly,and set the way for the parties to resort judicial remedy actively.