Study On Process Of International Commercial Mediation

Today, with the rapid development of world economy, international commercial exchanges and cooperation between the subjects become more and more frequent, the disputes of international commercial field is also increasing, and increasingly complex. With international business subject to the pursuit of high efficiency, low cost economic concept and of harmony and autonomous legal concepts,business subjects are constantly exploring the best way to resolve the dispute. In recent years, the traditional litigation process mechanism has been revealed rigid, cumbersome ills, arbitration mechanism which was quick, flexible is also becoming lawsuit ,because of the strictly regulated program. In this situation, international commercial mediation has become commercial subjects'new favorite,because of its unique advantage. In various ways to resolve disputes, international commercial mediation has become the preferred object of parties to the dispute. In the theoretical community, the research on international commercial mediation is becoming cause for concern. Although the research on international commercial mediation has been fruitful, but it find that almost all of the characteristics of mediation are about the advantages of the mediation process ,the effectiveness of the mediation agreement, binding of mediation and arbitration and so on. Procedural issues rarely mentioned. Therefore, in increasing emphasis on procedural justice, it is necessary to make special studies on international commercial mediation procedure,,deeply probe the mediation mechanism from a procedural point.This paper makes comparison and analysis on the current international and domestic legislation and practice, sets analysis on the advantage of conciliation proceedings ranging from mediation programs and points out the reason of prevalence of mediation system in international trade field,by induction, comparative analysis, empirical analysis, theory with practice, international commercial mediation procedure as research object, by conciliation proceedings progress as a clue. This paper aims to the narrow sense international commercial mediation procedure, namely the process of independent mediation organization conduct conciliation activities to solve international commercial dispute, not including the mediation way combination in other dispute resolution procedure.Relative to litigation and arbitration, international commercial mediation procedure has advantages of autonomy, flexible, efficient, solving dispute with consultation. These advantages make international commercial mediation as the most representative one of ADR, become the most popular dispute solution beyond the lawsuit and arbitration in international trade field. The advantage of the program comes from program settings. Survey of legislation and practice of various countries, international organizations concerning conciliation proceedings of international commercial, whether mediation program start, mediation conference, or mediation program terminates, all those reveal autonomy, flexible and efficient features. In international commercial mediation program, the parties can freely express will , fully dominate procedures, in order to satisfy their comprehensive purpose. Mediation program can not only help the parties properly solve the disputes between them, and can satisfy the businessmen'desire of preservation reputation and decency, sustaining business relations. The characteristic that conciliation procedure presents is the reason why it is becoming more and more popular, also is its strength of existence and development. Don't worry about conciliation procedures will become arbitrary, also need not worry conciliation procedures will degenerate into the tools used by strong to avoid law and suppress the weak. Excellent and experienced mediators in mediation program can effectively solve these problems. Trying to control the mediation program by legislation, make conciliation procedures strict and standard, in order to eliminate all of the above concerns about the mediation procedure is not good. That will only make conciliation procedures to repeat the arbitration'mistakes. To make conciliation proceedings resolve dispute better, improve the quality of mediators, strengthen the adjuster team is feasible path.