The establishment of the non-litigation mediation mechanism in resolving financial disputes adheres to the trend of diversifying the dispute settlement mechanisms.However,when it comes to Shanghai,it easily see these prominent problems:the third-party mediation mechanism has caused great waste of institutional resources;securities mediation mechanism violates the basic economics principle of supply and demand;judicial confirmation of non-litigation mediation agreements could distort some basic norms in mediation law.The completion of Shanghai non-litigation mediation mechanism in resolving financial disputes not only can optimize resources allocation,but also provides reasonable and effective dispute settlement platforms for financial markets.Specific improvement measures are as follows:firstly,current institutional resources should be integrated to enhance the usage efficiency;secondly,various incentives can be offered according to the features of non-litigation mediation mechanisms;last but not least,the docking of conciliation agreements and arbitration awards replace judicial confirmation.
/ Journals / Journal of Shanghai University of Finance and Economics
Journal of Shanghai University of Finance and Economics
LiuYuanchun, Editor-in-Chief
ZhengChunrong, Vice Executive Editor-in-Chief
GuoChanglin YanJinqiang WangWenbin WuWenfang, Vice Editor-in-Chief
Non-litigation Mediation Mechanism in Resolving Financial Disputes Wandering between Law as It Is and Law as It Ought to Be:An Empirical Study of Shanghai
Journal of Shanghai University of Finance and Economics Vol. 18, Issue 01, pp. 117 - 128 (2016) DOI:10.16538/j.cnki.jsufe.2016.01.011
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Yu Tao, Shen Wei. Non-litigation Mediation Mechanism in Resolving Financial Disputes Wandering between Law as It Is and Law as It Ought to Be:An Empirical Study of Shanghai[J]. Journal of Shanghai University of Finance and Economics, 2016, 18(1): 117–128.
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