A Research Over The Pattern On Mediation System Of Labor Dispute In China

It has been 20 years since our country recovered labor dispute system in 1987. In respect to labor dispute mediation, Chinese Labor Law established a mediation system with labor union mediation as main trench. In the current, however, our country has many kinds of mediation forms, such as mediation inside the case, labor union mediation, etc. With the development of the society and economy, many abuses for the original labor dispute system, especially the mediation system, have been exposed gradually, in that the mediation success rate is low and the mediation function is turned falsely. Just at the moment when the Chinese Labor Dispute Law is in the process of lawmaking, many experts put forward own suggestions to the reform of the mediation system.Some of them are on suggestion that we should reinforce the existing enterprise mediation committee; some of them think we should set up industrial or local area mediation organization; some ones protest that independent public mediation organization should be built; someone's opinion is that we should set up administration mediation organization; some others even claim that we should call off mediation outside the case, but reserve the mediation inside the case. Taking a comprehensive view of these reform suggestions, there are three main differences: firstly, whether the third party should be existed? secondly, whether the main trench is in need. thirdly, who should play the role of the main trench? This paper analyses these reform suggestions from the three differences. firstly, the essence of mediation needs a third party, however the labor union is the representative of the labors, so it is not entitled to take part in the mediation as a third independent party, therefore, the suggestion on reform of labor union mediation is not proper. Secondly, although the mediation system allows all kinds of mediation modes, a certain mediation mode should be existed as main trench. then the party has enough mediation organizations to ask for help. Thirdly,another essence of the mediation is the meaning autonomy, so the mediation as the third party has to give the both parties concerned the furthest autonomy freedom, however, both the arbitration mediation and the litigation mediation would probably compel the parties concerned to reach agreement, which distorts the parties'will, therefore, the mediation mode inside the case doesn't go match with the aim.Therefore, the writer make a conclusion from the above mentioned, the mediation mode with administration mediation as main trench is the satisfying mode. Nationally speaking, this kind of mediation mode is also very widely accepted, and popular. FACS and ACAS are two successful examples for this mode.The writer make a conclusion that within our country's labor dispute system, the mediation mode with administration mediation as main trench is a wise choice for our country's labor dispute system set-up.