商事调解的过去、现在和未来

Commercial Mediation :Past, Present and Future

商事调解指为解决商事主体之间有关商事活动的争议而设立的专门性调解,是由商事调解组织、规则、程序、方法等要素构成的综合机制。商事调解有悠久的历史和丰富的实践,并始终处在不断发展的过程中,正在逐步与消费争议解决机制分离。我国国际商事调解起步较早,改革开放以来,国内商事调解的发展经历了几个不同的阶段,目前仍处在扩张期。当前,应把握习近平总书记关于把非诉讼机制挺在前面的指示,以及《新加坡调解公约》签署生效带来的重要发展契机,加快商事调解的顶层设计和整合,推动商事调解走向未来。

Commercial mediation refers to a special mediation set up to resolve disputes concerning commercial activities between commercial subjects. It is a comprehensive mechanism composed of elements such as commercial mediation organization, rules, procedures and methods. Commercial mediation has a long history and rich practice, and has always been in the process of continuous development. Contemporary mediation is gradually separated from the consumer dispute resolution mechanism. China’s international commercial mediation started earlier. Since the reform and opening up, the development of domestic commercial mediation has gone through several different stages and is still in an expansion period. At present, we should follow President Xi Jinping’s instruction that the non-litigation mechanism should be kept ahead, grasp the important development opportunity brought about by the signing and entry into force of the Singapore Convention on Mediation, accelerate the top-level design and integration of commercial mediation, and promote commercial mediation to the future.