Research On The Rules Of The Combination Of Arbitration And Mediation

The combination of arbitration and mediation has been developing and innovating since the birth of the last century.Practice has proved that it has won the favor of all countries in the world with its own advantages and charm,especially in china.Our country has been in favor of Arb-Med-Arb and Arb-Med,but with the development of the age,our arbitration law provisions on Arb-Med-Arb and Arb-Med has been unable to fully meet the needs of practice,mediation and arbitration procedures appear between the improper procedures,mediation agreement out of serious,consensus rulings cannot be free or harm the interests of the third party,and look forward to the new Mediation Legislation started within the foreseeable future,therefore,in the author’s opinion,to effectively overcome the problems of the Arb-Med-Arb and Arb-Med mode of existing arbitration,the timely introduction of regulations with legally binding,to develop a new model based on the combination of mediation and arbitration rule is to choose the optimal.The combination of arbitration and mediation in our country is the result of the above problems,in the final analysis,which originated from the conflict and collision of Eastern and Western cultures.Eastern mediation is facing the defense of Western proper procedures.Therefore,the combination of arbitration and mediation of the new rules must be integrated with the experience of the East and Western legitimate procedures,learn from foreign outstanding legislative demonstration,absorb the study of China’s trade,free trade area and other new rules of arbitration in order to adapt to the current business the development trend of dispute resolution mechanism.The text is divided into four chapters besides introduction and conclusion.The first chapter is on the combination of mediation and arbitration and the historical evolution of the system is introduced,and on the combination of mediation and arbitration’s value have been evaluated,affirming its role and contribution.The second chapter analyzes the current situation of the legislation and practice rules,and analyzes the problems of the combination of mediation and mediation.Combined with the actual situation,this paper analyzes the difficulties in the specific operation,and reveals the necessity of constructing the system rules.In the third chapter,the author introduces the new development of the regulation of the secondary regulation in the world.Innovation highlights the CIETAC and FTA arbitration rules,the establishment and modification of them is outstanding of mediation and arbitration rules for the development.The fourth chapter is the research on the construction of the effective regulation of the combination of mediation and arbitration,from the guiding ideology,legislative improvement and program design of the three parts,a more comprehensive and specific construction of the new rules.