Study On Mediation In The Commercial Arbitration Proceedings

With the rapid development of the society and economy, disputes display a more and more complicated prospect, which results in people's increasing demand for diverse methods to resolute disputes. Mediation in the commercial arbitration proceedings, as a typical compound type of dispute resolution, is widely paid attention for its flexibility, security, harmony and the high degree of autonomy for the parties. However, because of the lag and lack of the corresponding rules, the defects of mediation in the commercial arbitration proceedings are exposed day by day. Therefore, to improve the legislation on the rules is imminent.The article is divided into four parts without the introduction and conclusion. The introduction describes the background of the article, the reason for choice of CIETAC as the object of the article and the process to determine the title as"Study on mediation in the commercial arbitration proceedings".The main part of the article starts from the definition of " mediation in the commercial arbitration proceeding " to identify the specific area of study. Then, it lists the practices of both China and some international commercial arbitration institutions to state the development trends of mediation in the commercial arbitration proceeding.The second part of the article compares the legislation in China and the arbitration rules of CIETAC with other foreign countries and other international commercial arbitration institutions on each specific procedure in the mediation. Through the above comparation, analysis and study, the article gives out some reasonable suggestions. The specific procedures include the start of mediation, the appointment of mediator, the information disclosure in mediation process and the end of the mediation process. Following the comparation on the specific procedures, the article discusses on"the implementation effectiveness and the judicial supervision of the mediation agreement made in the commercial arbitration process.In the last part, the article introduces the development and current situation of mediation in the commercial arbitration proceedings and figures out the existing legislation defects in China. In the end, the article puts forward its own recommendations and suggestions on the principles and specific rules of some relevant legislation.