The Research On The Plight And Amelioration Of The Labor Dispute Mediation System Prior To Litigation

Labor dispute mediation system is one of the mostsignificant systems tackling labor dispute in our country.Pre-litigation mediation, in particular, provides the channels asswift as possible when resolving labor disputes. By doing so, weare able to alleviate the burden on the judicial verdicts andunfreeze the increasingly scarce public judicial resources. Theconcept of mediation prior to litigation dates back a decade ago.During the4-steps circle of continuously re-position, proofing,ameliorating and re-proofing, the Courts all over the countrygradually worked out a set of pre-litigation mediationprocedures. These procedures share common in structure, yethave distinctive characteristics by themselves. Having takenshape, this set of pre-litigation mediation system, applicable tothe civil disputes revolving around simple dissensions likemarriage and neighboring affairs at the beginning has expandedto the disputes covering labor, medical issues, constructionproject, intellectual property and etc. But in practice, the effectof the mediation of labor dispute prior to the litigation is notsatisfactory, evidenced mainly by the low success rate. Thethesis aims to generalize the characteristics of the mediationfailure handling labor dispute, analyze and conclude the rootcause and therefore put forth the standpoint ameliorating thecurrent mediation system tackling labor disputes, i.e. the establishment of the mediation body initiated and led by thegovernment. Meanwhile, from the perspective of the labordispute mediation prior to the litigation, concerning the existing“arbitration first, verdict second” judicial system, the thesissuggests the corresponding reform program, giving full play ofeach measures within the system frame.