(1) Find out the facts and distinguish right from wrong.
When handling a case, the arbitration commission must first find out the facts of the case and distinguish between the parties. Only in this way can the responsibilities of both parties be clearly defined, and the arbitrator can grasp the key of the dispute, publicize the labor laws and policies in a targeted manner, do a good job of persuasion and persuasion, and urge both parties to understand and make concessions, reach a mediation agreement, and resolve the dispute wholeheartedly. Otherwise, we can't do a good job of mediation, and we can't make the parties really reach an agreement and completely solve their disputes.
(2) It must be voluntary.
Mediation agreement is the result of mutual understanding and mutual accommodation between the two parties, and it is a legal act of both parties as labor entities to dispose of their rights and arbitrate. Therefore, when reaching a mediation agreement, both parties must be completely voluntary, and there can be no reluctance, let alone coercion or disguised coercion to force the parties to accept mediation and reach an agreement. Contrary to the wishes of the parties, mediation agreements are often not reached and the expected results are not achieved; Even if a mediation agreement is reluctantly reached, it is not reliable, and the parties may go back on their word at any time, overturn the agreement reached and trigger new disputes. Emphasizing the voluntariness of both parties does not require arbitrators to give up the propaganda and persuasion of labor laws and policies, but extends the staff to improve the understanding of the parties through explaining laws, publicizing policies and patient and meticulous ideological work, and urges the parties to resolve disputes voluntarily through consultation.
(3) The contents of the mediation agreement must be legal.
The labor dispute arbitration commission is the national law enforcement organ. The arbitration commission must follow the principle of taking facts as the basis and taking law as the criterion in mediating labor disputes, and strictly abide by the law. The mediation agreement reached under the auspices of the arbitrator must comply with the provisions of labor laws, regulations and policies. Even if the agreement reached by the parties through consultation is completely voluntary, it must be reviewed by the labor dispute arbitration committee, which conforms to the provisions of labor laws, regulations and policies and harms the rights and legitimate rights and interests of the state, the collective or one party. The labor dispute arbitration commission will not recognize it. At the same time, we should point out the mistakes, explain the truth, improve the ideological understanding and consciousness of the parties, and then guide them to continue negotiations to reach a new mediation agreement in line with labor laws, regulations and policies.