Theoty On Institution Of Conjunction Of Arbitration And Mediation

The conjunction of arbitration and mediation is a complex institution for dispute resolution. Compare with traditional litigation, arbitration and mediation, the conjunction of arbitration and mediation has its own unique advantages. So it is accepted by worldwide clients, and turns into an institution for resolving disputes adopted by most countries from a special procedural arrangement in China. The same as all kinds of institution for resolve disputes, the conjunction of arbitration and mediation develops in theory and practice. This dissertation is written to analyze and summarize its practice and theories, and brings forward some suggestions for relative regulation of Arbitration Law of China.This dissertation is constituted by four chapters: Chapter one is summarizing of the Conjunction of Arbitration and Mediation, which starts with the conception and character of the arbitration and mediation, then introduces the development history of the conjunction of arbitration and mediation. Chapter two is analysis of theories on conjunction of arbitration and mediation, which analyzes proponent's theories and opponent's theories. Then a conclusion is deduced from above analysis. This chapter also discusses the feasibility of this complex dispute-resolving institution. Chapter three is making a study of practice of the conjunction of arbitration and mediation, which discusses that the arbitrator how to mediate in four aspect. Chapter four is a study of the conjunction of arbitration and mediation in China, which analyzes and sums up the actuality of above-mentioned institution's development in China. And some suggestions are made, aiming at perfect the regulation in Arbitration Law of China.