从仲裁与调解相结合到单独调解

From Combining Arbitration with Mediation to Professional Mediation

2008年《北京仲裁委员会调解规则》的实施,意味着中国仲裁机构运用调解的方法解决争议不仅有仲裁与调解相结合,还有单独的调解。依前述规则,调解的采用费用低、时间短,即使调解未成功也不至拖延当事人解决争议的时机。仲裁与调解相结合固然获得成功,但单独调解理论上更有优势。

The instrument of the Beijing Arbitration Commission Mediation Rules since 2008 has made it clear that Chinese arbitration institutes mediate disputes by way of both combining arbitration with mediation and separate mediation. In accordance with the foresaid rules, the use of mediation takes low cost and short time, and will not postpone the opportunities for parties to resolve their disputes even if the mediation finally failed. Combining arbitration with mediation succeeds in practice, but separate mediation has more advantages in theory.