The Study On The Labor Dispute Mediation System

Since the industrial revolution，labor disputes happens more frequently and morecomplex which inevitably hampers the economic development of the society, while on theother hand, also lead to the increasing right consciousness awakening among the workers andimpetus to the society innovation. Thus, people are raising their par for labor disputesresolution models and procedures.“Labor Law of the People’s Republic of China” and “Law of the People’s Republic ofChina on Mediation and Arbitration of Labor Disputes” together concludedinto current labordispute resolution model-“Mediation-Arbitration-Trials”. With “Mediation-Arbitration-Trials”model, parties have more options to defend their own rights. Initially, parties are moreinclined to resort to “Mediation” procedure. However, facts proved that “Mediation”procedure is not a good option with its own defects including low coverage and low successrate. With “Mediation” procedure gradually abandoned, parties resort more to “Arbitration”procedure and “Trials” procedure.Thus,“Mediation-Arbitration-Trials” model failed people’sexpectations.This thesis contains six sections. First section briefs us on the concept, characteristicsand classification of labor disputes as well as its processing mechanism and processingprocedures. This section will help unify the extensive concept of labor disputes and indicatethat labor disputes as part of our social and economic activities, it is workers, employers andthe government’s common goal to handle them properly to achieve a stable and harmoniouslabor relationship and also needs all parties’ efforts.The second section mainly focuses on treatments of “mediation” system in terms of bothconcept and theoretical principle. The writer try to justify the positioning of “Mediation”system among current labor disputes resolution models through theoretical analysis ofprivate law autonomy, out-of-court disputes resolution and government intervention, and helpto lay a solid foundation for current labor disputes mediation system perfection.In the third section, the writer have systematically analyzed current labor disputesmediation system from all aspects including processing mechanism structure, mechanismoperation process, operation conditions, as well as operation environment, in order to locatethe factors which lead to the failure of current labor disputes mediation systems. In the fourth section, the writer separately introduces us innovation suggestions bydomestic scholars and classic models operated by foreign countries. They all share commonideas on valuing the function of “Mediation” system; setting up professional mediationorganization, and maintaining their neutrality and authority. The writher hopes his analysiscan help provide directional guide for the innovation of current labor disputes mediationsystems.In the fifth section, the writer further analyzes different labor disputes mediation models,locates the best option and designs specific system skeleton. The writer indicates that settingup professional government leading mediation organization is the way out for current labordisputes mediation system innovation. The writer also validated his theory from boththeoretical principle and actual environment aspects.The last section conclues the whole thiese and points out the disadvantage,then gives thehopes.Mediation system is an inevitable choice for building stable and harmonious laborrelationships as well as harmonious society in both China and other countries. With thestrengthening of law system and improvement of operation environment, there is no doubtthat mediation system will play an increasingly more important role in current labor disputesresolution model.