Research On China’s International Commercial Mediation System

International commercial exchanges are becoming more frequent,and trade frictions are inevitable.Traditional international commercial dispute settlement methods include litigation,arbitration,mediation,etc.,among which the mediation method is fast,inclusive and convenient,and its position is increasingly prominent.As an international commercial dispute settlement method between litigation,arbitration and negotiation,international commercial mediation is widely favored because of its distinct and unique advantages.It not only requires lower cost and shorter cycle,but also can better protect the long-term interests of both parties to the dispute.In recent decades,it has been widely recognized by the international community and gradually become one of the popular choices to resolve commercial disputes.Our mediation system has a long history,but our commercial mediation system started late and there is a gap between it and the international commercial mediation system.By joining the Singapore Mediation Convention as an opportunity,China can build the international commercial mediation system,which will provide learning experience for the construction and improvement of the diversified dispute resolution mechanism,and develop China’s achievements.This paper briefly describes the function and value of international commercial mediation and the mature experience and practices formed by developed countries in the international commercial mediation system,sorts out the current commercial mediation system in China,and puts forward three problems faced by the internationalization of China’s commercial mediation system: first,there is a lack of special commercial mediation legislation in legislation;Second,the subject and content of the review of international commercial mediation agreements are not clear,and the enforcement guarantee mechanism is lacking;Third,mediation institutions and mediators lack professionalism.Based on China’s national conditions,this paper puts forward suggestions on the construction of China’s international commercial mediation system in view of the above problems to help the resolution of international commercial disputes.