Analysis Of Combining Arbitration And Mediation System

In the 1950s, CIETAC created the institution of Combining Arbitration with Conciliation and constantly improved it in its practice of arbitration during these years. The western countries also paid attentions to the institution of Combining Arbitration with Conciliation. Some countries followed the example of China in legislation and many arbitration institutions adopted it into their arbitration rules.Besides the preface and conclusion, the main body of the thesis includes four chapters.The first chapter introduced the basic idea of arbitration and conciliation, including the definition, characteristic and nature of the both. In addition it analyzed the differences between the arbitration and conciliation.The second chapter provided the definition of Combining Arbitration with Conciliation in the broad sense and narrow sense separately. The more, the chapter reviewed the origin and development of Arb-Med in China and the feasibility and necessity of using Arb-Med in nowadays.The third chapter refer the different attitudes to Arb-Med and different theories about it. It mainly introduced the concerned provisions in the UNCITRAL Model Law on International Commercial Conciliation.The last chapter introduced the situation of Combining Arbitration with Conciliation in the world and the latest practices of it in China. In addition, it concluded the efforts China had made in this range and gave some suggestion to better the institution.