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调解方法在国际经济争端解决领域中有所运用,更应运用于两岸经济争端的解决。调解员方面,要求必须是独立、公正的民间人士,在资质要求上应等同于仲裁员;调解组织方面,应成立常设性的两岸经济调解委员会,并成为两岸经济合作委员会的辅助机构;调解依据方面,既要多元化,又要层次化,以求周全;调解报告和调解协议方面,前者无法律拘束力,后者如有具体经济权利义务内容并由双方有权代表签字或者盖章,则有法律拘束力。为促两岸经济关系的和谐,仲裁调解与司法调解方法也可获致开创性的运用。
The mediation methods have been applied in the field of international economic dispute resolution and should be applied to the solution of economic disputes between the two sides of the Strait. As for the mediators, the requirement must be an independent and impartial private person, who should be qualified as an arbitrator on the basis of qualification requirements. On the mediation organizations, there should be a permanent cross-Strait economic mediation committee and an auxiliary agency for the cross-Strait Economic Cooperation Committee. The mediation basis In terms of mediation reports and mediation agreements, the former has no legal binding force. The latter, if it has the specific economic rights and obligations, is signed or sealed by the representatives of both parties, Legally binding In order to promote the harmony of economic relations between the two sides of the Strait, arbitration, mediation and judicial mediation methods can also be used in a pioneering manner.