Study On The Improvement Of Commercial Mediation System In China

Commercial mediation has been put forward for a long time.It,together with people's mediation,judicial mediation,arbitration mediation and administrative mediation,is one of the main types of social "big mediation" and plays an important role in the field of diversified settlement of commercial disputes.But combined with China's actual situation,we can find that the popularity of commercial mediation is far from that of developed countries.At present,the international trade is becoming more and more popular and the domestic market economy is accelerating.The number of commercial disputes,especially foreign disputes,is increasing.The resolute attitude of Singapore Convention to promote the cross-border implementation of commercial mediation and settlement agreements and the imperfect situation of domestic commercial mediation system,all show that,it is urgent,necessary and challenging to promote the development of commercial mediation in China.How to integrate and standardize the existing domestic commercial mediation resources and improve the commercial mediation system has become an important issue for the development and improvement of commercial mediation in China.With the appearance of the Singapore Convention,the international status of commercial mediation is undoubtedly further recognized and established.Since then,in the field of commercial disputes,mediation,litigation and arbitration have become three major international dispute resolution mechanisms.It can be seen from the content of the provisions of the convention that the it at least transmits the following signals to the commercial mediation of the international society: to improve the implementation mechanism of legislation and settlement agreement,to ensure the professional,normative and neutral nature of commercial mediation,and to promote the settlement of commercial disputes by means of mediation.Throughout the development of China's commercial mediation,it is still in a very backward stage.There is neither a unified commercial mediation law nor a supporting mechanism for the implementation of commercial mediation and settlement agreements to respond to the application for implementation.Most of the existing commercial case mediation appears in the carriers of people's mediation,industry mediation,lawyer mediation,etc.,such as foreign independent and professional commercial mediation institutions are rare.Thus,in terms of management,there are many problems such as limited understanding of commercial mediation and substantial obstacles in promotion.Therefore,in order to promote the smooth implementation of the Singapore Convention in China,it is necessary to formulate a single commercial mediation law in terms of commercial mediation system,improve the judicial confirmation mechanism to ensure the implementation effect of the settlement agreement;in terms of the implementation of commercial mediation,it is necessary to integrate all kinds of current commercial mediation resources based on China's national conditions,combined with foreign advanced experience,and focus on the different problems of different mediation mechanisms on commercial mediation and solve them pertinently.In the promotion of commercial mediation,we need to break the original mechanism of integration of mediation and trial,integration of mediation and arbitration,give full play to the invited mediation and leverage of litigation costs,improve the docking system of litigation and mediation,change the concept of dispute resolution,and promote the continuous development and growth of independent professional commercial mediation in China by both internal and external push.