The Legal Base And System Construction Of Combining Between Mediation And Arbitration

The society is undergoing profound reform and adjustment period. On the one hand, various social contradictions intensify and new disputes emerge in endlessly; On the other hand, the law shows its hysteretic nature facing the social adjustment. Because of interest demands and other elements, the traditional, single mode of dispute resolution present more negative effects in social adjustment. Such negative performances are called "litigation explosion" in many Western countries."Litigation explosion" was first proposed in the U.S. legal circles which show as new diversification of dispute body, matters and interest demands. The traditional dispute resolution appears to be inadequate to the various disputes in terms of efficiency, fairness and justice. This is the inevitable result of human society in the era of society great change, values transformation and interests distribution adjustment.Under the ground of "litigation explosion", litigation as main dispute resolution has outdated. To solve the great legal problem, legal theorists have to do the reposition and thinking which lead to the diversified disputes settlement mechanism and get more and more attention in practice.In Chinese traditional legal theory and practice exploration, the wisdom of ancient philosopher which is tested by history is renewed vigor in the present. Especially the Alternative Dispute Resolution with distinctive features caters to the internal needs of contemporary legal dilemma solving. Mediate as an ancient and energetic dispute resolution increasingly gets attention of domestic and international law experts which become a very important part of the legal system of diversified dispute resolution and was praise "the flower of the East" by Western academics.The western commercial arbitration has a similar development context with Chinese mediation system which all has a long history. Its unique flexibility, fast and thorough in solving disputes leads to a meteoric rise in the contemporary prevailing wave of pluralistic dispute resolution. Both mediation and arbitration dispute settlement system have deep historical heritage and reliable dispute resolution performance and a congenital advantage on people’s psychological acceptance. These two systems can complement each other in building a diversified dispute settlement mechanism to suppress the "litigation explosion" era. To be sure, mediation and arbitration must inevitably play a very important role in the wave of diversification dispute settlement mechanism which also need further integration between these two settlement mechanisms and do the necessary adjustments according to the times characteristics. Innovate dispute resolution concept and put related function of mediation and arbitration together the so some supported reasonable design in the procedure which has a very important significance in building diversified disputes mechanism.This context will explore the legal basis of mediation and arbitration combination from the combination perspective and try to put forward the system design of mediation and arbitration combination.