Discuss On The Mediation Of Company Operation Mode

The drawbacks of the judicial reform which is trial-centered has been exposedincreasingly from this century, the gradually shrinking non-litigation disputeresolution mechanism gradually restored, civil trail is increasingly focused onmediation, non-government mediation organizations which represented on thepeople’s mediation have also got the vigorously support from the government, the"multipartite mediation " campaign has been carried out in full swing across thecountry. Court mediation, however, due to the implementation of the "tunetrials-in-one" mode, its consensus often been suspected, the mandatory conciliationphenomenon in the practice is also not uncommon. People’s mediation, due toexcessive reliance on administrative power, insufficient funds, uneven mediators, lowmediation quality, is difficult to cope with today’s specialization, desirability and highquality requirements of mediation. Current mediation mechanism existsinsurmountable disadvantages, coupled with the system’s running alienation, we needto broaden our horizons, explore new dispute resolutions, and build mediationorganizations in the form of limited liability company, this would be a direction wecan try.The applicability of the mediation with company operation mode should beanalysed from these two major aspects: the mediation with company operation modeitself and whether there are the soil of availability of the survival of the mode in ourcountry, and the logic of this article is the case. Firstly, make a brief analysis of thebackground, connotation, development and the theory of mediation with companyoperation mode, then make a systematic analysis of the successful example of themediation with company operation mode-American’s JAMS’ form of organization,operation mechanism, mediation procedures’ features and advantages, and to learnfrom them. Then put the perspective back to China, demonstrate the necessity andfeasibility of the constrcting of the mediation with company operation mode and putforward concrete ideas of how to constrcting it.Our specific ideas to construct a mediation with company operation modeinclude the contents of the following parts: First, mediation organization’sconstruction. Fully absorb the social capital to construct a mediation organization inthe form of limited liability company in accordance with the modern corporate enterprises’ ownership structure, organizational and governance type, the mediationcases is limited to mainly professional, complex commercial disputes, toestablishment a strong professional career mediation team and classify themanagement, standardize the charge of mediation fee, while emphasize the publicwelfare of mediation service. Second, interaction with judicial. Expand the scope ofthe mediation agreement judicial confirmation system, bring into the mediationagreement which is made by the fee charge system mediation with company operationmode, and reached the judicial review and supervision to the mediation with companyoperation mode. Third, the role of the government. The Government, through directinvestment, tax incentives, legal aid organizations qualifying license, businessmanagement, complaint handling mechanism to supervise the operation of themediation organizations with company operation mode. Fourth, the legalaccountability investigation. Mediator intentionally or negligently cause the loss ofthe parties, mediation organization is the first obligor to compensate, and through theinternal imputation, the compensation ultimately be borne by the mediator personal,and establish the practicing insurance system to reduce the risk of practicing.