Studies On The Judicial Alternative Dispute Resolution

Dispute resolution mechanism, the total of dispute settlement methods, is complex work system. At present, the alternative dispute resolution mainly includes folk ADR, administrative ADR, and judicial ADR. The paper focuses on judicial ADR. We want to know that if its Mechanism Design is reasonable, if its operation is effective and if it is able to solve disputes rapidly. The first part introduced the characteristics and function of judicial ADR; The second part enumerates representative practice of foreign countries by methods of the comparative law; According to the practice and exploration of mediation before litigation of two local courts, The third part makes comparative analysis and evaluation on the present situation of judicial ADR in our country. The fourth part reminds of the question and deficiency of judicial ADR in our country, and puts forward countermeasures.In the process of dispute settlement, judicial ADR could increase choice of procedure, cut the cost of dispute settlement and play remedy function fully. So establishing kinds of ADR, which are supplements of jurisdiction, certainly meets the need of society development and is helpful to achieve the aim of harmonious society.