Discussion On International Commercial Arbitration Mediation System

Arbitration and mediation proceedings except in two of the most widely used mechanism for dispute resolution, has a different status, role and functions. With the emergence of a large number of social disputes, arbitration and mediation in the dispute resolution deficiencies gradually become the bottleneck of their own development. Arbitration and Mediation combine it combines the advantages of both arbitration and mediation. As can be seen from the national legislative bodies and all the relevant rules of arbitration, arbitration and mediation is a special combination of hybrid ADR increasing popularity, more and more private dispute resolution lawyers have gradually become aware of its applicability and effectiveness. Mediation in the arbitration system pioneered in China, because of its respect for party autonomy in the dispute resolution process, the focus was to maintain the business relationship between the two sides, the parties save time, energy and money as well as having the characteristics of flexibility and finality, gradually rule arbitration legislation and arbitration bodies used by many countries.Arbitration and mediation have been able to combine two reasons:On the one hand, due to the parties to dispose of their rights, the parties to the arbitration and mediation can give even the combination of arbitration to resolve disputes. While respecting party autonomy, the parties maintain commercial cooperation between the two sides is the combination of arbitration and mediation a big advantage. The Arbitration and Mediation combining the second-largest party advantage is saving time, effort and money. Meanwhile, arbitration and litigation provided finality referee relatively inflexible; mediation flexibility, but can not guarantee the agreement reached with a final execution; and arbitration and mediation is able to achieve a combination of flexibility and finality dual objectives. However, in view of our country and in many other countries, including the world for international arbitration provisions made mostly too rough mediation, arbitration results are sometimes unconvincing. Therefore, in order to meet China’s growing number of dispute resolution need to improve the credibility of the arbitration agreement in mediation and better resolve conflicts, improve our international arbitration mediation system is extremely necessary.Addition to the introduction of this article is divided into four parts, a total of about 20,000 words.Introduction The first part is the case. Gao Haiyan from the applicant, Xie Heping apply for Hong Kong’s Court of Xi’an Arbitration Commission ruling, introduces merits of the case after a detailed analysis of the controversial focus of this article, and the Court of First Instance, the Hong Kong Court of First Instance of the High Court and Court of Appeal Hong Kong Court In Xi’an, identified the existence of the arbitration committee’s decision favoring the reason and basis.The second part of the basic concepts of mediation system of international commercial arbitration from the start, on the "arbitration" "conciliation" conciliation and arbitration in the "Related Content" elaborate, and several ways of combining arbitration and mediation to distinguish and define.The third part analyzes dwell in Xi’an Arbitration Committee in the mediation process exposed the problem, such as a mediator in selected problems of mediation time, select the location of the lack of professionalism, mediation can lead to misunderstanding, lack of technical means of mediation etc., and combined with case studies of the differences between the Mainland and Hong Kong Mediation System.The fourth part is derived for the case of reflection. This chapter of the special legislation on international commercial arbitration in the absence of the mediation system by analyzing the current draw, and to develop specific legislation, although mediation can solve this problem, but at the moment is not strong operability. Therefore, in the arbitration rules to improve the system for mediation is the most feasible and made specific suggestions to improve.