涉外商事纠纷调解新模式探寻——以义乌市涉外纠纷人民调解委员会为例

An Inquiry into the New Mediation Mode for Foreign-Related Commercial Disputes:A Case Study of People's Mediation Committee for Foreign-Related Disputes in Yiwu

近年来,义乌作为全球最大的小商品市场,涉外商事纠纷时有发生,由于此类案件的审理周期长、成本高,所以诉讼并非解决纠纷的最佳方式。为此,义乌市司法局专门成立涉外纠纷人民调解委员会,以商事调解替代司法诉讼。该委员会依托丰富的司法资源,创新调解程序与形式,创造性地采用"以外调外"机制,并配合诚信档案机制解决了大量商事纠纷,为我国商事调解提供了新的实践模式,也为我国商事调解立法提供了重要的实践经验。

Recently, foreign-related commercial disputes have frequently arisen in Yiwu, the biggest com- modity market in the world. Due to its long length and high cost, litigation is not the best way to solve this kind of dispute. To this end, Yiwu＇ s Justice Department set up the People＇ s Mediation Committee for For- eign-related Disputes that attempts to replace judicial litigation with commercial mediation. This committee, relying on its rich judicial resources, innovated in mediation procedures and forms, and introduced creatively a mechanism called ＂to mediate foreign-related disputes by foreigners＂, and, in combination with the credit file mechanism, solved a great many commercial disputes, which offered a new practice mode for our country＇ s commercial mediation as well as important practical experience for our country＇ s mediation legislation.