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随着我国进入经济转轨、社会转型的加速期和社会矛盾的凸显期,各种社会矛盾相互交织,错综复杂。因此,我国提出了构建“大调解”格局的理念。仲裁作为一种纠纷解决机制,其和调解的有机衔接也成为时代背景下各仲裁机构必须面对的课题。本文即以我国的“大调解”格局为背景,以广州仲裁委员会的仲裁实践为基点,分析了当前我国仲裁与调解结合的特点,并论述了仲裁调解应坚持的原则和需特别注意的问题。
As China enters the period of economic transition, the acceleration of social transformation and the highlight of social conflicts, various social conflicts are intertwined and complex. Therefore, our country has put forward the concept of building a “grand mediation” pattern. Arbitration, as a dispute resolution mechanism, has also become a subject that various arbitration institutions must face in the context of the times. This article is based on the pattern of “mediation” in our country. Based on the arbitration practice of Guangzhou Arbitration Commission, this paper analyzes the characteristics of the current combination of arbitration and mediation in our country, and discusses the principle that arbitration should be upheld and the need to pay special attention problem.