Peking University School of Transnational Law
July 9, 2012
The paper focuses on the settlement of labor dispute through mediation and arbitration in China. In Section I the paper talks about the labor dispute in China with the statistics analysis about labor disputes in China, including collective disputes. And the paper analyzes the reasons behind these statistics. In Section II the paper talks about the history of labor dispute resolution method through mediation and arbitration, combining with the relevant labor dispute laws and regulations. In Section III the paper talks about the specific process to resolve labor dispute through mediation and arbitration based on the current effective laws and regulations. Section IV talks about the characteristics of current mediation and arbitration method to resolve labor dispute in China, and will evaluation of the mediation and arbitration approach to resolve the labor dispute, including the advantages and limits of current mediation and arbitration approach to resolve the labor dispute. Section V concludes the paper with several suggestions. A more independent dispute mediation and arbitration system, the committee-appointing arbitrator mechanism, labor dispute cases’ information publication mechanism, the mandatory nature of the arbitration, and the nature of the trade union all need to be reformed.