Research On The Special Mediation System Of Labor Disputes In China

With the deepening of China’s reform and opening up,the number of labor disputes is increasing day by day.The stability of labor relations is the foundation of social stability,and the improper handling of labor disputes can easily lead to the emergence of more intense confrontation behavior such as strike and sit-in.It is very important to construct harmonious labor relations,maintain social stability and perfect labor dispute handling mechanism.At present,the relevant legislation of our country stipulates that we should adopt the mode of "one tune,one cut and second instance" to deal with labor disputes,and take the special mediation procedure as the first step to settle disputes.Single labor disputes,the construction of harmonious labor relations,but also conducive to the use of case filtering function,reduce the pressure on arbitration committees and courts,save judicial resources.However,in practice,the effect of the special mediation procedure is not ideal,and the mediation committee of the enterprise labor dispute becomes "consultation" in essence because of the lack of independent third party;the people’s mediation committee,because of the lack of professionalism,leads to many differences between the mediation result and the arbitration result and the litigation result;in addition,the infiltration of administrative power in the organization of the people’s mediation committee leads to the extremely easy occurrence of compulsory mediation in practice,contrary to the principle of voluntary mediation;township(street)labor Because of the insufficient basis of laws and regulations,the mediation committee plays a little role in resolving disputes and diverting cases;the existence of many kinds of mediation procedures makes the parties to the dispute have the mentality that even if the mediation is not done specially,it can also carry out arbitration mediation and litigation mediation,which is extremely unfavorable to make the special mediation system bigger and stronger;The validity of the special mediation agreement is the core of the special mediation system,and the unclear validity of the special mediation agreement leads to the decrease ofthe proportion of the parties to the dispute choosing to use the special mediation procedure to resolve the labor dispute in practice,and the decrease of the trust in the special mediation organization,and the forced influx of most labor dispute cases into arbitration and litigation procedures To find a solution.The legislative experience of some extra-territorial labor dispute mediation system also provides some reference suggestions for the reform of China’s labor dispute mediation system,such as voluntary mediation,mediation specialization,mediator neutrality,mediator specialization,mediation agreement has contract effect.On the basis of the concrete analysis of our country’s special mediation system,and then draw lessons from the legislative experience of some foreign countries’ labor dispute mediation system,the author thinks that we can perfect our country’s labor dispute from the aspects of avoiding compulsory mediation,leading up to the mediation procedure of arbitration commission and court,making clear that the mediation agreement has the effect of contract,and forming professional labor dispute mediator team Specialized mediation system.