独立第三方商事调解,是民办非企业单位、商会、行业协会、公司等民间独立第三方参照机构调解规则并依法促成商事纠纷当事人达成调解协议的制度。上海的商事调解在全国范围内起步较早,且随着商事活动的深入开展以及营商环境的持续改善,各种类型的调解机构不断涌现。可以考虑通过合理划定不同商事调解组织的受案范围、完善专职调解员制度以及健全商事调解规则等措施对现有的商事调解实践加以完善。
<<Independent third-party commercial mediation is a system in which private non-enterprise units,chambers of commerce,industry associations,companies and other private independent third parties refer to the mediation rules of institutions and promote the parties to commercial disputes to reach mediation agreements in accordance with the law. Commercial mediation in Shanghai starting early nationwide,and with the in-depth development of commercial activities and the continuous improvement of the business environment,various types of mediation agencies have continued to emerge. It is possible to consider improving the existing commercial mediation practice by reasonably delimiting the scope of case acceptance of different commercial mediation organizations,completing the system of full-time mediators,and improving the rules of commercial mediation.
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