Study On The Guarantee Mechanism Of International Commercial Mediation

With the continuous development of international commercial exchanges, the disputes generated have also increased. The methods to resolve the disputes which rely on traditional litigation and arbitration are faced with cumbersome procedures and uncertain executive ability. Meanwhile, as commercial disputes need to be resolved in an expeditious, confidential environment, mediation systems with the characteristics of simplifying procedures, confidentiality, and autonomy precisely meet the needs of commercial dispute resolution, is becoming the most representative and widely used ADR dispute-settlement mechanisms. However, as a young institution, the implementation of the settlement agreement has been challenged. This paper attempts to study on the guarantee mechanism of settlement agreement by detailed analysis of the current mediator, mediation procedures, Jones Lang LaSalle regulating system and the system of judicial confirmation, and proposed several improvements that could be made for suggestion.There are many articles about international commercial mediation, especially for the discussion on the effectiveness of the settlement agreement which a great many of scholars put forward for constructive views. However, related articles, mostly in the nature of the settlement agreement on mediation, arbitration, mediation and litigation; hope that by strengthening the effectiveness of the conciliation agreement, even gave enforcement powers to improve execution. This paper attempts to break through the traditional limitations of thought, not only in enforcing the move, but also on reached mediation agreement. If there are problems in the implementation, the Protocol will be excluded by the parties at least. Exclusive agreement of the parties is hardly based on the voluntary agreement of the parties. Agreement should be reached with the execution of the agreement to fully play a role of mediation.With development of international commercial mediation in the settlement of international disputes in civil and commercial, This paper briefly describes the rise and development of international commercial mediation, to make a judgment of the status of commercial mediation in resolving civil and commercial disputes. Commercial mediation as a young, although sends out a hearty spirit, but also to prevent by strict and effective program caused the decline of the force.At the same time, this paper made a brief introduction to international commercial mediation guarantee mechanism. Guarantee mechanism includes both commercial mediation agreement security and the settlement agreement to perform security. This paper argues that the settlement agreement reached and perform equally important and maintain the stability of the system and the reasonable innovation are equally important. The existing system basically can satisfy the security of commercial conciliation. However, commercial mediation in the program on the legislative and judicial confirmation is still need to improve.How the international commercial mediation guarantee mechanism to run is a core part, this paper analyzes the mediator, mediation procedures, confirm of the effect, mediation and arbitration, mediation and judgment, concluding that the current commercial effect on the guarantee of commercial mediation, and providing some solving measures of problems in the system operating process.Mediation system in our country has a long history, however, commercial mediation in China is indeed a young system. Especially for mediation proceedings legislation, but also is especially insufficient. This paper discusses the current our country about the practice of international commercial conciliation legislation and legislative mode and specific problems puts forward some Suggestions and comments, to our country in the international commercial conciliation legislation for reference.