| Summary: | 碩士 === 中國文化大學 === 勞工關係學系 === 106 === In recent years, the adjustment of labor conditions is no longer be accepted by the labors. Conflicts happens frequently between labor and capitalist. The number of labor dispute case has increased gradually in Taiwan. On May 1, 2011, the government modified the Act for Settlement of Labor-Management Disputes. After that, the resolution of labor disputes changed from “Coordination” to " Mediation and Arbitration".
Since the development of Alternative Dispute Resolution (ADR) system, the government delegates non-governmental intermediate organizations to mediate labor disputes and offers subsidies. In this case, the judicial resources will not be wasted while the mediation of labor disputes becomes more convenient and fast. Act for Settlement of Labor-Management Disputes strengthens not only the function of “Mediation and Arbitration”, but also adds the “Sole Mediator” system. It can be seen that the mediation of sole mediator will be the mainstream system in the near future.
In order to sort out the suggestions and conclusions on the issue related to mediation of labor disputes between sole mediators and non-governmental intermediate organization, this research analyzed and collected relevant literature, journals, and online information domestically and internationally. Moreover, the scales were used to figure out the factors that affect the mediator's mediation quality and effectiveness. Furthermore, the researcher conducted empirical research through literature review and questionnaire survey with expert interviews to obtain more in-depth analysis results.
The mediators are all trained by the central governing authority. Therefore, the mediators appointed by labor administration or non-governmental organizations have the same degree of professionalism without affecting the quality of mediation. The mediator's impartiality and professionalism are the important factors that influence the quality of mediation. Most of the mediators are assigned by private organizations for executing mediation tasks. However, people do not trust non-government organizations to handle the mediation and it may result in the effectiveness of mediation.
In view of this, the government should be well-established legal system to improve the impartiality and credibility of private intermediaries so people may obtain trustiness in the non-governmental intermediate organizations. In the result of doing this, the effectiveness of mediation will be improved, the judicial resources will be saved as well. Last but not the least, the confrontation and the lawsuit between employers and workers will be reduced.
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