Research On The Pre-litigation Mediation System Of Labor Dispute

According to the current labor statutes, if the parties are unwilling to negotiate or the negotiation fails after the disputes had arisen, they can apply for mediation, arbitration and litigation in accordance with the law. Mediation is a settlement of labor disputes as"the first line of defense", but the mediation system did not play their due role in practice. Because of the nominal establishment of the arbitration mediation, the time lag of the court mediation, the declination of the enterprise's labor dispute mediation committee mediation and a narrow range of the grassroots mediation organization mediation, a large number of labor disputes flood in the litigation, while there are not enough judges in court to deal with the cases, so it needs more time to resolve these disputes, and the rights of workers are often unable to obtain timely maintenance. Harmonious labor relations are a key factor to build a harmonious society, and requirements about reforming the labor dispute mediation system are growing. By examining the current settlement status of the labor disputes and analyzing the defects of the various forms of mediation in the labor dispute mediation system, this article mainly points out that it plays a significant role for resolving the labor disputes in the way of Strengthening the pre-litigation mediation and emphasizing the connection of litigation and mediation, and gives some suggests to build and improve the pre-litigation mediation system.Except for the preface and epilogue, this article is divided into five chapters. The first chapter begins with the characteristics of the labor disputes, and then introduces the concept and characteristics of the labor dispute mediation, pointing out that the labor dispute mediation includes many forms, such as the mediation of the enterprise's labor dispute mediation committee mediation, arbitration mediation, the court pre-mediation and the grassroots mediation organization mediation. There are also a brief description about another systems which are related to the labor dispute mediation, and the next is a introduction related to the current operation status about the pre-litigation mediation of labor dispute, which is established the study object for the following chapters. The second chapter analyzes problems of the current pre-litigation mediation of labor dispute, and tries to find out the reasons for these problems in order to guiding the direction to solve these problems. The third chapter introduces the status of the pre-litigation mediation of labor dispute outside the field of our country, and summarizes the extraterritorial advanced experiences about the pre-litigation mediation of labor dispute, which are helpful for improving the labor dispute mediation before litigation. The fourth chapter probes the values and functions that the pre-litigation mediation system of labor dispute contains, providing the reasonable support for the development of the pre-litigation mediation of labor dispute in our country. On the basis of contents of the four chapters, the fifth chapter focuses on the practical feasibilities to carry out the labor dispute mediation before litigation, and points out the measures that should be taken to improve the pre-litigation mediation system of tabor dispute, and also designs the start programs and the programs of connecting the mediation and litigation, which can makes the pre-litigation mediation of labor more efficient and maximizes the protection of the parties rights and interests.