A Comparative Study Of Labor Dispute Meidiation Sysytem Between China And The United States

As an effective means to alleviate labor conflicts,labor dispute mediation system plays an important role in the field of labor dispute settlement in the world.The labor dispute mediation system refers to a dispute settlement system in which a third party coordinates after the occurrence of labor dispute,and guides the employer and the labor union/employees to reach a mediation agreement to solve the labor dispute.The system urges both parties to negotiate through dialogue,so as to avoid possible economic destructive strikes or work stoppages,and also provides a path for the follow-up repair of labor relations.The United States has accumulated a wealth of labor dispute mediation experience in its long-term labor struggle,and its labor dispute mediation system has been maturing in the process of labor struggle.Compared with the labor dispute mediation system in the United States,Chinese labor dispute mediation system has a late development process,which is worth improving.The labor dispute mediation system of China and the United States has the general characteristics of labor dispute mediation,at the same time,there are obvious differences in the setting of labor dispute mediation institutions,the professional ability of mediators and the performance of mediation agreements.This paper makes a comparative study of the labor dispute mediation system between China and the United States,analyzes the similarities and differences of the labor dispute mediation system between China and the United States,and on this basis,analyzes the reference of the labor dispute mediation system of the United States to China,so as to improve the labor dispute mediation system in China.This paper is divided into seven chapters,the first chapter is the introduction of the article,which mainly introduces the research background and research status,as well as research methods,innovations and shortcomings.The second chapter is an overview of the labor dispute mediation system,including the definition of the labor dispute mediation system,the object of the labor dispute mediation system and the characteristics of the labor dispute mediation system.The third chapter introduces the history and current situation of the labor dispute mediation system in China and the United States.Through the development of the legislation of the labor dispute mediation system in China and the United States,it traces the development of the labor dispute mediation system in the two countries,analyzes the current situation of the labor dispute mediation system in the two countries,and lays the foundation for the comparative analysis of the labor dispute mediation system in the following two countries.The fourth chapter is the comparative analysis of the labor dispute mediation institutions between China and the United States.This part introduces the establishment of the labor dispute mediation institutions of the two countries,compares the mediation institutions of the two countries,and analyzes the reference of the labor dispute mediation system of the United States to China and the improvement path of the labor dispute mediation institutions of China.The fifth chapter is a comparative analysis of the mediators of labor disputes between China and the United States,mainly from the composition of the mediators,the qualification of mediators and the professionalism of mediators to compare the differences between the two countries,and draw the conclusion that China's labor dispute mediation mechanism should improve the professionalism of mediators through strengthening training and other channels.The sixth chapter is a comparative analysis of the performance of the labor dispute mediation agreement between China and the United States.Whether the mediation agreement can be performed or not is related to whether the role of the labor dispute mediation system can be implemented.From the perspective of the measures taken by China and the United States to implement the labor dispute mediation agreement,this paper makes a comparative analysis and puts forward that we should continue to improve the effectiveness of China's labor dispute mediation agreement,while learning from the United States,we should improve the formal and substantive elements of mediation agreement,and appropriately improve the confidentiality of mediation procedures in litigation.The seventh chapter is the summary part of the article,which summarizes the main idea of the article,and puts forward the author's writing comprehension in the process of writing this article.