A Study On Judicial ADR

Judicial ADR is an important component in the pluralistic dispute resolution mechanism. It has been raised in the world in recent years and is a kind of new method and means of solving disputes rapidly in the judicial process. It is of great significance in reducing lawsuit cost of parties, decreasing confrontation between parties, economizing national judicial resource and alleviating lawsuit delay. Our country is lacking in such a judicial ADR, which is a widespread popularity in the world at present. Besides, the research of judicial ADR has just started and undertaken in our country on a theoretical level, therefore it is very necessary to strengthen the research of judicial ADR. Judicial ADR is the keynote of the paper. The purpose of the research is as follows: making clear of the connotation of this totally new dispute resolution, the reason for its appearance, state of development and rational appraisal of it under present social conditions through an investigation of a series of basic questions about the nature, characteristics and functions of judicial ADR and a comparative study of judicial ADR in the world. Based on the above discussion, the author analyses and proves the construction of judicial ADR system in our country. The full text falls into four parts and has more than 30,000 words altogether. The first part: Investigation of the basic problem of judicial ADR. Firstly, the author defines the intention and nature of judicial ADR. The author regards judicial ADR as quasi-judicial dispute resolution method, which has court as its presiding organ. Then the author explains characteristics and functions of judicial ADR. Finally in this part, the author analyses the connection and difference between judicial ADR and other dispute resolution mechanisms.The second part: Dispute and thinking caused by judicial ADR. The production and development of judicial ADR put forward a series of questions that should be paidattention to by the judge and theory researcher, such as, should we introduce judicial ADR in the court? How to make judicial ADR function most effectively? How to keep basic fairness during judicial ADR? In this part, the author summarizes a great deal of disputes about judicial ADR among practice circles and academic circle in various countries and expounds several of her thinking about judicial ADR from different angles. The third part: Judicial ADR and conditions of its utilization in other countries. In this part, the author introduces systematically the judicial ADRs existing in the two representative legal families. Through this introduction, the author introduces to the reader the rich and varied judicial ADRs, conditions of their utilization and ways of their operation in their countries, thus offering to the reader many examples that our country can learn from during the construction of judicial ADR in our country. The fourth part: Construction of judicial ADR in our country. First of all, the author points out that the necessity and feasibility of judicial ADR must get proved. Then, based on the national conditions and borrowed external experience, the author probes into concrete operations of judicial mediation and judicial med-arb which are suitable for our country,...