Research On The Pre-litigation Mediation System Of Labor Disputes

In recent years,In recent years,labor dispute cases have shown a trend of frequent occurrence,and the new coronavirus is raging around the world,especially for small and medium-sized enterprises,which has suffered a huge impact.The Party Central Committee attaches great importance to the work of people’s livelihood and employment,and has proposed the "six stability" and "six guarantees" policies to help small and medium-sized enterprises resume work and production while protecting the legitimate rights and interests of corporate employees.Therefore,handling labor disputes,promoting employment and protecting people’s livelihood is a very important task.Pre-litigation mediation is a gradually emerging dispute resolution mechanism.For the settlement of labor disputes,it has irreplaceable advantages such as not being restricted by region,paying attention to the anxiety of the parties,and high efficiency.Based on the current "Labor Law","Labor Contract Law" and the revised "Several Provisions of the Supreme People’s Court on the Application of Summary Procedures to Trial Civil Cases" and other provisions,after a labor dispute occurs,the parties can choose to negotiate,mediate,and arbitrate,Litigation and other channels.However,in practice,the current labor arbitration system has problems such as inefficiency and false arbitration,and the abuse of litigation by parties is also more serious.While this increases the pressure of the court to try,it also fails to realize the rights and interests of laborers in a timely manner.Therefore,this article studies the operation of the existing labor dispute resolution mechanism,analyzes the shortcomings of the advanced labor dispute resolution mechanism,and discusses the causes of the problems in depth,and puts forward corresponding suggestions for easing labor disputes and improving the pre-litigation mediation system.This article has four parts in total.The first part mainly introduces the related concepts,characteristics and value pursuit of the pre-litigation mediation system within the scope of labor dispute cases.Next,we will introduce the operating status of the pre-litigation resolution mechanism for labor disputes and the overall processing process,and focus on the failures of the labor arbitration system for many years,clarify the adjustment scope and subjects of pre-litigation mediation,and discuss the establishment of a labor dispute pre-litigation mediation system.necessity.The second part analyzes the problems of pre-litigation mediation of labor disputes and finds that there are mainly problems: loopholes in the preliminary procedures,abuse of the right of litigation by the parties,unreasonable mediation subjects,and disapproval of the parties to the pre-litigation mediation agreement.And draw the deep-seated reasons behind it: lack of legislation and applicable regulations,low labor dispute litigation costs,undifferentiated mediation,excessive deterrence of judges before litigation,and unclear qualitative mediation agreements.This part serves as a link between the previous and the next for the improvement of suggestions.The third part mainly focuses on the pre-litigation mediation of labor disputes and conducts comparative law research.This article selects the United Kingdom,the United States,and Germany represented by the common law system and the civil law system,respectively,and introduces advanced experience and operating models,and summarizes the practical and practical experience of improving the pre-litigation mediation system of labor disputes in my country.Mainly: separating mediation from trial,classifying the types of pre-litigation mediation cases,deepening the implementation of the spirit of party doctrine,and exploring the establishment of specialized labor courts.The fourth part is based on the comprehensive analysis of the previous article,and draws suggestions to improve the labor dispute mediation system in our country:simplify the reform of labor dispute handling process,reform the labor arbitration front process,build a court-led labor dispute mediation system,and promote The title of the adjudication and trial link;train specialized labor dispute pre-litigation mediators,pay more attention to the will of the parties;refine the types of pre-litigation mediation cases,clarify according to the nature and operability of the case,and the mediation subject;clarify the pre-litigation mediation agreement The pre-litigation mediation agreement led by court participation shall be deemed to be the validity of court mediation,and then the power shall be confirmed through judicial confirmation procedures to enhance the enforcement power.