Probe Into The Theory Of The Enrichment And Development Of Med-arb

Hybrid Med-Arb, combining the virtues of medication and arbitration, is a fair, efficient and cost-effective process which has been widely used and extensively applied in international economic and trade for resolving civil and commercial disputes. Since its birth, different evaluations of its theories and its actual operation are spreading over the international society. On the one hand, it brings about a wide range of autonomous rights, under which situation the parties take part in the disputes resolution proceedings more actively and have more control over the procedures. Moreover, it reduces the cost of erroneous expense and time and motivates them to make concessions and settlements. Furthermore, it successfully works on the shortcomings of the uncertain results of the single procedure of mediation and of having no legal force or validity. On the other hand, the combination of the procedure of mediation and arbitration may bring about a lot of problems. For example, in some cases, the mediators may impose their will upon the parties, and sometimes, the information released in the private meetings may exert a significant influence on the decision of the arbitrators. Moreover, it is also possible that if the parties know that the mediator will be the arbitrator if the mediation fails, they will not trust the mediator. Furthermore, it may also be a way of wasting time and money. Mediation is a traditional dispute resolution in China, and the earliest appearance of mediation cases was found on the bronze ware inscription in the Eastern and Western Zhou dynasty. On current legal theories and legal practices, all the disputes are encouraged to be dissolved by mediation. The Arbitration Rules established by Foreign Economic and Trade Arbitration Commission of the China Council of January 1, 1989, mediation was first introduced into the arbitration procedures. With the application and Development of this hybrid style, Med-Arb is actively and widely applied in China. However, in contrast with the Chinese-style Med-Arb, there are several respects on the western-style Med-Arb deserving to draw lessons from, including various modes, system construction, standard operation procedure, and implementation of the decision and so on.Four additional sections follow this introduction. First, Med-Arb and its components are defined and described, then its historical development, as well as several major American variations of Med-Arb modes. Section two describes the value aim and its reasonability. Moreover, it contains the argument and analysis for criticisms and accolades of Med-Arb. The third section discusses some technical problems needing attention on perfection of Med-Arb mechanism, as well as the argument and analysis of typical cases in China and United States. The last section is the conclusion, which summarizes the viewpoints and suggestion presented by the author in order to improve the Med-Arb system in China.