Research On Labor Dispute Mediation System

With the reformation of society and adjustment of economic structure, labor relationshave been getting more complicated in recent years which causes increasing labordisputes. Mediation system is “the first line of defense” in our current labor disputeresolution model-“Mediation-Arbitration-Trials”. Labor dispute mediation system has aunique advantage among the methods of labor dispute settlement because it is handy,convenient and nonantagonistic. However, the fact is since the mediation system worksineffectively, courts and arbitrators have been overwhelmed on account of too manycases. Labor dispute mediation system has flaws which result in its failure. It is of greatsignificance to improve our country’s labor dispute mediation system as soon aspossible, enhance the ability of mediation organization and reinforce the effect ofmediation agreements which will ease labor-capital contradiction and maintain socialharmony and stability.The thesis contains four parts. The first part is the legal principle analyses of labordispute mediation system which give a brief introduction to the concept, jurisprudentialbasis and function. The second part summarizes the legislative status of foreign labordispute mediation system extracting six characteristics: attaching importance tomediation system; valuing the opinions of both parties; establishing professionalinstitutions for counseling; the mediation institutions composed of three partiesrepresentatives; professional persons serving as mediators. The third part analyzes ourcountry’s labor dispute mediation system pointing out its five defects: lacking ofcapable mediation organizations, unified conciliation proceedings, specializedmediators, strong incentive and constraint mechanism, effective mediation agreements.The fourth part puts forward fundamental principles and specific suggestions ofimproving our country’s labor dispute mediation system on the basis of real situations ofour country and in reference to foreign countries’ successful experiences. I propose thatneutral mediation organizations should be established by the labor department whichacts as a leading force and that conciliation proceedings should be unified. In addition, Isuggest that our country construct the diversified labor dispute mediation system bysetting up a group of high-quality mediators, establishing strong incentive andconstraint mechanism and enhancing the effect of mediation agreements. With the development of the industrialization and urbanization, the working populationin China will continue to grow and it will be particularly important to keep laborrelations harmony and stability. Thus, it will be a long and difficult way to perfect ourcountry’s labor dispute mediation system.