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依据法律规定,我国劳动争议的处理包括和解、调解、仲裁和诉讼四种方式。调解具有解决纠纷及时性、简便性特点,成为大多数劳动者与用人单位的首要选择。劳动争议调解包括调解委员会的调解、仲裁委员会的调解和人民法院的调解。劳动争议仲裁与诉讼均有调解的适用,本文探讨的劳动争议调解优先原则仅指法院在处理劳动争议时优先适用调解原则,在剖析劳动争议诉讼中调解的优先适用必要性与可行性基础上进一步提出完善措施。
According to the law, the handling of labor disputes in our country includes four ways of reconciliation, mediation, arbitration and litigation. Mediation has the characteristics of timeliness and simplicity of dispute resolution, and has become the primary choice of most workers and employers. Mediation of labor disputes includes conciliation of mediation committees, mediation of arbitration commissions and mediation by people’s courts. Labor dispute arbitration and litigation have mediation. The priority principle of labor dispute mediation discussed in this paper only refers to the principle that the court should give priority to mediation when dealing with labor disputes. Based on the necessity and feasibility of analyzing the priority of mediation in labor dispute litigation, Put forward perfect measures.