The Training For Mediation Under The Background Of The "From Arbitration To Mediation"

Arbitration mediation is an option for arbitrators to settle the case.In 2006,the arbitration mediation rate was 33%.By 2017,the arbitration mediation rate had risen to 49%.Except for the extraterritorial mediation rate,the arbitration mediation rate has been achieved.The arbitral award rate is overtaken.What factors have the arbitrators changed “from Arbitration to mediation” in the way of closing the case? The increase in the arbitration mediation rate means that the arbitrators’ own mediation ability is improved.Then,what kind of arbitration mediation ability can play a role in the mediation process? This article will comprehensively take rooted research and interviews,and arbitrators of grassroots arbitration institutions in seven cit ies including Guangzhou,Nanchang,Nanjing,Qingdao,Jinan,Chongqing and Anqing will change the quality of arbitration mediation from the ruling to the adjustment.Research and try to answer the above questions.The arbitrator’s transition from ruling to adjustment in the selection of trial cases is influenced by many external factors and internal factors.The external factors include the national policy system and institutional measures of the arbitral tribunal.The internal factors include arbitral award and arbitration mediation system.The pros and cons of oneself and the natural tendency of arbitrators for mediation.As the arbitration mediation is promoted among the arbitrators,the arbitrators actively participate in the training to improve their mediation ability.At the same time,according to the content of the key event interviews,this article uses the grounded theory to interview.The report refines the key elements.Through continuous excavation and refinement of interview reports,the author studies the seven competencies of arbitration mediation ability: mediation skills,labor relations theory,mastery of professional law,comprehensive knowledge,language skills,and good The psychological quality and overall concept.At the end of the research,the author classifies these seven dimensions of competence and quality into the categories of knowledge,ability and skill,thus constructing a model o f arbitration mediation ability.