The Research On Mediation Before International Commercial Arbitration

In the field of the international commercial disputes,the trend of dispute settlement mechanism is from the combination of mediation and arbitration to the independent mediation.The combination of mediation and arbitration has produced very profound influences in the field of International Commercial Arbitration.While with the development of the mediation,commercial mediation has become one of the important dispute settlement mechanism and an emerging industry."Mediation in arbitration is the most important way to the combination of mediation and arbitration,which is mediated by the arbitrator throughout the arbitration tribunal trail.Mediation is located in the arbitration tribunal trail as a kind of auxiliary tool for arbitration.Thus,the mediation is lack of professionalism and independence.The efforts of this paper is to construct and develop the system of mediation before international commercial arbitration.It is not only combined the advantages of mediation and arbitration,but also the outcome of adapting to the development trend of international commercial disputes mechanisms.Mediation cannot be completely separated from the arbitration,they are connected to each other,but maintain the certain independence of each other. This paper expands the connotation and extension of mediation before arbitration".The "mediation"that correspond to the "mediation in arbitration"during the arbitration procedure contains the"mediation before arbitration and the mediation outside of arbitration.They constitute the system of the mediation before arbitration through mediating by independent mediators and applying independent mediation rules.It is not only the results of comprehensive combination of mediation and arbitration,but also the requirement of the trend of independent mediation.On the basis of the analysis of the rules and practices,I put forward the unperfect of them, which contains the uncomprehensive understanding about the system itself,lacking of specific rules and operability.And then. I put forwards some suggestions on the analysis of the deficiencies.In. addition to the introduction and conclusion, the article is divided into four parts:The first part is the connotations and the extensions about the definition of mediation before international commercial arbitration.At the same time,I make a briefly introduce about the history and the development of it.The second part is the values analysis including justice,benefit and harmony.The third part is the analysis of rules and practices,and summarize of the existing problems.The fourth part is the summaries analysis of deficiencies about the system of mediation before international commercial arbitration, and some suggestions based on those deficiencies.