Research On The Construction Of Professional Mediation Mechanism For Labor Dispute Outside Lawsuit In China

Labor dispute mediation means that both parties to a labor dispute apply to a mediation organization established according to law.The mediation organization established according to law is in the middle party and presides over the consultation process between the two parties.The two sides conduct mutual understanding in the process of organizing mediation and compromise each other on the basis of understanding,thus reaching agreement.A dispute resolution activity in which a mediation agreement is jointly concluded.Mediation is a highly neutral and flexible way of dealing with disputes.It can best reflect the agreement of both parties in the process of resolving disputes,and it can not only quickly resolve labor disputes.Moreover,it is possible to repair to some extent the labor relations that have been damaged due to disputes.This is impossible for other labor disputes.Therefore,labor dispute mediation has become the preferred method of labor dispute resolution.In practice,labor legislation lags behind the development of our society for a long time.As the manager of society,the government does not play its role of regulating labor relations very well,and often lacks position in the management of labor relations.As one of the most suitable methods for labor dispute resolution,mediation failed to play its due role.Arbitration and litigation,as a method of resolving disputes in China,have been the main position of labor dispute resolution in China.At present,many mediation channels have been initially established in our country,but this mediation model has not played a corresponding role.The mediation system has encountered many practical difficulties in practice and has restricted its value function.It is manifested in the large number and lack of integration of its mediation agencies,the confusion of its statutory responsibilities,the vacancy of mediation agencies,the lack of legal provisions for mediation procedures,the lack of professional standards of mediators,the poor implementation of mediation agreements,and the low rate of mediation closure.[Zhang Donghong.An example of mediation of labor dispute cases at the grassroots level[J]..World of Labor Security,2018(23):4.]In general,it is that labor dispute mediation is less professional and can not effectively and effectively resolve a large number of labor dispute labor disputes,resulting in a large number of labor disputes flowing to arbitration or litigation.Therefore,we will improve the mediation mechanism,establish a specialized mediation mechanism for labor disputes led by the government,reorganize the existing social mediation force for labor disputes,and penetrate professional mediation into the existing mediation mechanism outside litigation.According to the existing labor dispute litigation outside the mediation pattern to construct labor dispute mediation mechanism with Chinese characteristics.On this basis,the government should take the lead and become the leading force in the construction of professional mediation,then work on the professionalization of mediation personnel,and at the same time formulate more detailed procedural rules for the mediation of labor disputes.Secondly,the necessary supervision should be carried out on labor dispute mediation,and finally,the mechanism of mediation and arbitration should be further improved.In order to fully mobilize the role of mediation in the rapid settlement of disputes,we should make mediation the most important way to resolve labor disputes in China and promote the harmony and stability of labor relations.So as to lay a good foundation for the good operation of our economy.