Construction Of The Mediation System Of Trade Associations Under The Background Of Great Mediation

As a collection of dispute resolution methods unique to China,the Great Mediation System has been widely implemented throughout the country in recent years.It is worth noting that,in addition to traditional mediation organizations and mediation methods,professional mediation by industry associations is increasingly valued.The reason is that with the development of the market economy,there are more and more contradictions and disputes in the commercial field,and their specialization and complexity are increasing.If all contradictions and disputes are concentrated in the courts and resolved through litigation procedures,the courts will face great pressure to handle cases.The lower litigation efficiency and the higher litigation cost are not conducive to the effective settlement of conflicts and disputes in the commercial field.The trade association,as an industry-based social organization,has the advantages of professionalism,efficiency,flexibility and low cost in resolving industrial conflicts and disputes through mediation,which can reduce the cost of resolving disputes among the parties to the dispute and ease the pressure on the courts to handle cases.At the same time,it is also conducive to the regulation of market order.As an important alternative dispute resolution method,trade organization mediation has enriched the connotation of people’s mediation to a large extent.Moreover,the lack of adequate legal safeguards for the mediation of trade associations,which is such that procedural safeguards for their mediation are inadequate,and even if an agreement is reached through mediation,its limited effectiveness is not sufficient to produce a genuine binding effect on the parties to the dispute,As a result,it is difficult for many trade associations to achieve better mediation results.However,in practice,trade associations encounter many institutional obstacles in exercising their mediation functions and advantages.It is mainly reflected in the lack of neutrality in the mediation of industry associations.Although the country has promoted the decoupling of industry associations from the government in recent years,so that industry associations have full autonomy,this reform is not complete,and the mediation of industry associations has not been completely separated from the government’s intervention.The lack of neutrality of the trade association leads to a decrease in the authority of its mediation.Therefore,in order to give better play to the professional mediation function of the trade association,we should build and perfect the mediation system of the trade association.First of all,by improving the legislation,the mediation system of the trade association is guaranteed by law.On the basis of the People’s Mediation Law,the mediation procedure is standardized,and professional legal service personnel are introduced into the mediation of the trade association,thus improving the mediation ability of the trade association.Secondly,the effectiveness of mediation agreements should be enhanced.With reference to the notarized creditor’s rights document,the mediation agreement of the trade association with specific content shall be notarized and given its enforcement power.Finally,the administrative organs and judicial organs shall be given the power to supervise and guarantee the legality,conformity and security of the mediation acts of the trade associations.In short,the construction and improvement of the mediation system of the trade association is conducive to giving full play to the role of industry mediation and promoting the effective settlement of industrial disputes.It is of great significance to enrich and perfect the construction of the mediation system in China.