As long as there is no written labor contract, the unit can't produce a written contract. If there is, it must be forged. Don't worry too much about this. First, fully listen to the facts and reasons stated by both sides.
Mediation is not equal to unprincipled "muddle", and labor dispute mediation should also be carried out on the basis of clarifying facts and distinguishing right from wrong. Although the mediation agreement is voluntary, both parties can dispose of their rights and make concessions, but the mediation work should be based on facts. Only when the facts are clear and the focus of contradictions is clear, can the mediation work be "targeted" and the disputes be solved smoothly. Therefore, the mediator should fully listen to the statements of facts and reasons by both parties, that is to say, the mediator should listen to the statements of facts and reasons by both parties, not just one party. Because mediation is voluntary, the success of mediation depends on the sincerity of both parties to the dispute to solve the dispute to a certain extent. Therefore, this law does not clearly stipulate the issue of evidence in mediation. When the parties state facts and reasons, they can also provide corresponding evidence to help the mediator clarify the facts, but the lack of evidence does not hinder the mediation work, and the mediator can also take the initiative to investigate and clarify the facts.
Second, patient consultation.
Mediation work is actually a persuasion and education work, which needs to be based on laws, regulations and policies, with facts, reasoning and patient persuasion, so as to convince people by reasoning, not by force. This requires the mediator to be patient, open-minded and sincere, so as to guide the parties to the dispute to resolve the dispute by reconciliation. Mediators can also put forward mediation opinions, but they cannot force the parties to accept their own opinions. The content of the mediation agreement must reflect the true meaning of both parties, which is the voluntary result of both parties. If the content of mediation involves the rights and obligations of both parties, the mediator shall respect the parties and handle it according to their own wishes. If the parties are forced to reach a mediation agreement, the parties are unwilling, and even if an agreement is reached, it may not be fulfilled. In practice, most of the reasons why the parties fail to perform the mediation agreement are that they violate the principle of voluntariness and fail to convince the parties.
Labor dispute mediation is to do a good job in the ideological work of both employers and employees, state interests according to facts and laws, regulations and policies, help both parties resolve their differences and reach a consensus on disputed matters.
Legal basis: People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.
Article 42 Before making an award, the arbitration tribunal shall conduct mediation first.
If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement.
The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties.