On Bettering The Mechanism Of Mediating Labor Disputes In China

Labor dispute mediation means mediation organization, which is established in accord with law, persuades the disputing parties in order to promote them to reach agreement through negotiation and concessions on the basis of law, moral and habits. The features of mediation are neutral and flexible, could reflect both disputing parties’ consensus, and repair damaged labor relations. So mediation should be considered the first choice to settle labor dispute. However, the legislation of labor relation fell behind the development of labor relation for a long time. Due to lack of the government functions about adjusting labor relations, litigation has been regarded as an important channel to deal with labor disputes.On the contrary, other countries and arrears have supplies experiences about nurturing the mechanism of mediating. The countries and areas, where the market economy developed highly, share some common. The key point has been transferred from settling the individual labor dispute to adjusting collective labor disputes. The government founded mediation organ, prompt the disputing party to start negotiation, and supply professional service, include advice and mediation which standstill appeared in negotiation. As a kind of alternative dispute resolution, mediation can deal with individual labor disputes also. Most of labor disputes could be settled depending on mediation, which is professional, effective, and for free, and never enter the complex litigation procedure.In China, several mediation organs have been founded, but this kind of model is not conducive to mediation’s function. To improve the mechanism of mediation, the government should found a formal mediation organ which is managed by government, and admit the other informal mediation organs as complementarities. Furthermore, making the mediator professional, mending the procedure of mediation, and separating mediation from arbitration and legation, these are the necessary reformation to make mediation as the main approach to deal with labor disputes.