The Research On Labor Dispute Mediation System

Labor dispute mediation system is an important system to resolve labor disputes in China. Compared to the labor dispute arbitration, litigation, etc., labor dispute mediation system owns distinct and unique advantages in the idea. Labor dispute arbitration, litigation, etc. is based on th e facts and the law, it pursues social justice and ensures substantive justice and procedural justice. In real life, most of the labor disputes do n ot need to be clear in the referee, but be the pursuit of harmony case. The legislative intent of labor dispute mediation system is to timely and effectively resolve labor disputes, and to satisfy the interest needs of both parties, to maintain labor relations, so as to maintain social harmony and stability. Therefore, la bor dispute m ediation system focuses on maintaining the existing relationships while properly resolving labor disputes.With the continuous development of social economy, affected by interest and other objective factors, contradictions between workers and employers increasingly intensify; the opposition trend between them is becoming evident. Coupled with the continuous improvement of China's socialist legal cons truction, rights awareness of the parties is gradually awakening, labor dispute mediation system faces more challenges as the first line of defense to resolve labor disputes. How to more effectively resolve labor disputes by labor dispute mediation system has become an important topic discussed and studied in today's society.This article mainly studies labor dispute mediation system in China from the four major aspects. The first part of the article summarizes labor dispute mediation system, clears the concepts and characteristics of labor dispute mediation and the principles and classification of labor disput e mediation system, and disc ussed the reasonableness of labor dispute mediation system. Labor dispute mediation in China is an effective way to solve labor disputes. Under th e arrangements of the People's Court, People's Mediation Committee and som e organizations related, bo th or m ultilateral parties, guided by ideological education, understand each other and compromise for each other, finally voluntarily reach the mediation agreement by negotiation to ease contradictions. Labor dispute mediation has four characteristics: a neutral third party, autonomy, Alternative Dispute Resolution(ADR), the p luralism of the subjects in mediation and jo int effectiveness of m ediation resources. At the same time, the labor disp ute mediation procedure should proceed according to the principles of voluntary mediation, respecting the facts, carefully guiding. China' s labor dispute mediation system is com posed of enterprise mediation system, people's mediation system, arbitration m ediation system and court mediation system.The second part of the article states the current situation of labor dispute mediation system in China, describes th e historical development of Chinese labor dispute mediation system and analyzes the problems existing in China's current labor dispu te mediation system. As early as 1930, the Natio nalist government of that tim e released "Labor Dispute Settlem ent Law”, m ade the relevant provisions as to labor dispute mediation. In 2008, China im plemented "Labor Dispute Mediation Arbitration L aw", made particular explicit pr ovisions aiming at Chinese la bor dispute m ediation. All above reflects China's emphasis on labor dispute mediation system. China's current labor dispute settlement can be summarized as "one regulating one cut two trial" system. When labor disputes take place, workers an d employers can choo se the form of mediation to deal with disputes, if mediation fails, they can also choose to enter into the arbitration proceedings, the parties who are not satisfied with the arb itration outcome may take an appeal to the people' s court. Among them, although the labor dispute mediation procedure is not a necessary proc edure to resolve disputes, as “the f irst defensive line” to resolve labor disputes, labor disput e mediation m akes important contributions to Chin ese labor dispute settlem ent. However, labor dispute m ediation system in China has some problems, each mediation organization lacks communication and the relevant incentive mechanism; it is difficult to achieve the effectiveness value of the mediation agreement, even if China ha s issued the provision of paym ent order aiming at valid ity problems of the m ediation agreement, but the implem entation effectiveness of the m ediation agreement still has problem s; and Chinese m ediation personnel's lack of quality resu lts in the poor effect of mediation, which causes the public credibility of labor dispute m ediation organizations to reduce and the parties unwilling to choose the m eans of m ediation to resolve labor dis putes. All these problems make labor dispute mediation system fail to play its initial legislative effect of “the first defensive line” to resolve labor disputes.The third part of the article researches and draws lessons from extraterritorial labor dispute mediation system, introduces labor dispute mediation system in the m ajor developed countries: the United States, Germ any, Japan. As an im portant sector to resolve American labor disputes, U S Federal Mediation and Conciliation Service plays a vital role in American labor dispute settlement. Germany's labor dispute mediation is mainly the mediation of labor courts, labor court mediation which applies to a variety of civil disputes possesses the tim eliness and convenience of m ediation; and m ediation personnel of labor courts have professiona l levels; the Adjudication Division is composed of professional j udges and part-time judges, w hich reflects the tripartite principle. In Japan, the Labor Committee is an im portant labor dispute m ediation mechanism. Japan's labor dispute mediation system consists of four parts: good offices, mediation, arbitration and emergency adjustment. The Labor Committee freely provides the parties with m ediation on the basis of voluntary, labor dispute mediation which processes the convenience in the procedure re ceives the approval of the m ajority of workers.The fourth part of the article puts forward the corresponding counterm easures aiming at the problem s existing in China' s labor dispute m ediation system. First, mediation, arbitration and litigation pr ocedures' smooth convergence should be guaranteed. A comprehensive set of res ource integration mechanism, mediation resources' communication mechanism and complementary mechanism among grassroots mediation organizations, the Labor Dispute Arbitration Mediation Committee, the People's Court and other or ganizations should be established, so as to ensure the unification among the various m ediation organizations in resolving labor controversial issues. Second, im proving the legal ef fect of the labor dispute m ediation agreement, maintaining the judicial authority. Our country should improve the legal ef fect of the labor dispute m ediation agreement, give the labor dispute m ediation agreement the deserved binding effect on the parties and exec utory effect in the form of the law, or adopt other means to enhance the judicial ef fectiveness of the la bor dispute mediation agreement. Again, to ensure the effective implementation of the payment order. For the mediation agreement voluntarily signed by the parties, our country should give laborers the rights to directly apply for the paym ent order, and the parties s hall not raise objection for the paym ent order approved and issued by the court. Only by these acts, Chinese implementation effectiveness of the payment order could be ensured. Finally, the professional construction of m ediation should be strengthened. The arbitrary problems in building mediation institutions should be put an end to, and the permanentness of m ediation institutions s hould be ensured. Th e professionalization construction of each personnel in labor dispute mediation mechanism should be strengthened to ensure the professional quality of mediation personnel.