Research On Commercial Mediation System

The characteristics of commercial mediation and commercial disputes are highly compatible,which has increasingly become an important mechanism to solve commercial disputes.Compared with the commercial mediation system in developed countries,China's commercial mediation system is faced with legislative gaps,inadequate mediation organization construction,uneven mediation talents,unclear mediation agreement effectiveness and other difficulties.In this paper,comparative analysis,historical research and other research methods are adopted,and suggestions for improvement are put forward from two aspects of legislation and practice.In the aspect of legislation,China should formulate special commercial mediation law,give executive power to commercial mediation agreement,and establish a review mechanism of commercial mediation agreement to provide legal basis and institutional support for the development of commercial mediation system.In practice,this paper puts forward that the establishment of commercial mediation institutions should be encouraged,trade associations and trade conventions should be established,and a complete vocational training mechanism and training system should be constructed to optimize the professional mediation team,share the talent pool of commercial mediation and improve the online mediation mode.These measures will help to further enhance the social identity of commercial mediation and lay a solid foundation for the development of commercial mediation system.