On The Perfection Of The Neutrality System Of Commercial Mediators In Our Country

Among the many foreign-related commercial dispute resolution methods,mediation stands out by virtue of its advantages such as speed,flexibility,and maintenance of friendly commercial relations,and is sought after by all parties.What is more noteworthy is that the "Convention on International Settlement Agreements Resulting from Mediation"(hereinafter referred to as "Singapore Mediation Convention"),which aims to promote the cross-border implementation of commercial settlement agreements,came into force on September 12,2020.At this point,the long-term failure to enforce the commercial mediation agreement has also been completely resolved.Commercial mediators are the core figures in the mediation process,and the construction of an effective neutral system has become an important factor in ensuring the fairness of the mediation process,the fairness of the mediation results,and the effective implementation of the settlement agreement.The construction of the neutrality system of commercial mediators in my country is faced with the dilemma of the concept of low recognition of commercial mediation,the flexibility of commercial subjects' voluntary willingness,and the conflict of neutral regulations and norms.In addition,there is a legal status of commercial mediation organizations in the existing legislation.Technical difficulties such as the lack of clarity,the limited effectiveness of neutral regulations,and the difficulty for the parties to provide evidence after the fact that the mediator violated neutrality.Facing the above concepts and technical difficulties,this article clarifies the concept and connotation of the neutrality of commercial mediators from a macro perspective,follows the basic principles of the neutral system,clarifies the responsibility of commercial mediators,and draws on the useful normative experience outside the territory.Combined with the practice of my country's neutral system,it proposes to strengthen judicial supervision of commercial settlement agreements,introduce pre-appointment training for mediators,special neutral communication skills learning,and launch special legislation for commercial mediation.Nowadays,the international commercial mediation system is developing steadily,which provides a huge opportunity for the development of the neutral system of commercial mediators in my country.We should focus on improving the existing neutrality system of commercial mediators to help my country's diversified dispute resolution mechanism play a greater role.