The Function Of People's Court In Alternative Dispute Resolution (ADR)

Tracing back the five thousand years history in China, we never stop our pursuit of harmony. Nevertheless, disputes are inevitable regardless the level of society's development. Now China is a society ruled by law. Judicial action is the main channel for dispute resolution. But with its flexible, convenient, quick characteristic, Alternative Dispute Resolution become a kind of important and popular way to resolve the disputes. However, Alternative Dispute Resolution is not a perfect system, in practice, Alternative Dispute Resolution itself is difficult to overcome some limitations, due to various reasons.In Chapter one 1 start the the analysis with the weaknesses and limitations of Alternative Dispute Resolution. The main weaknesses of Alternative Dispute Resolution are divided into two categories: The first kind is"inability", due to Alternative Dispute Resolution (ADR) is lack of protection of coercive force of the state, resulting in a lack of"rigid "in program and effectiveness. The second kind is"illegal", Alternative Dispute Resolution (ADR) may be easily leading to abuse of the right and other illegal results, due to its lack of formal procedures. As a specialized agency to resolve disputes, People's Court is taking an important responsibility for resolving conflicts and building a harmonious society. And the People's Court as the representative of the national public authority, to a certain extent, is complementary with Alternative Dispute Resolution (ADR).In Chapter 2 I put forward views that people's court shall make the necessary support and assistance for Alternative Dispute Resolution (ADR), due to the weakness of"inability". And this kind of support and assistance should include progress supporting, a confirmation and execution of ADR results, besides a single support on legal skills.Chapter 3 presented that Alternative Dispute Resolution (ADR) should be limited and supervised due to the second kind of weakness of Alternative Dispute Resolution (ADR). It is quite clear that not all the disputes could be settled by Alternative Dispute Resolution (ADR), it definitely exists some disputes that should better be brought to trail and settled by a court verdict. By contraries, it needs to be under the condition of legality and rationality. More often than not, the people's court ought to shoulder the significant responsibility of a supervisor. In conducting ADR, the people's court should ensure it is conducted in a legal and reasonable manner. In most cases, the people's court system should play an important role in supervising the application of ADR.Chapter 4 mainly makes a comparison between regular judicial proceedings and ADR. The regular judicial proceedings subject to the law, and this would ensure that the entire procedure is in accordance with the law. However, it also has some disadvantages with regard to the prolonged process, the low efficiency and the great resources consumed during the entire process, etc. Furthermore, the regular judicial proceedings is always led by public power, as a result of which the both parties involved do not satisfy with the ultimate verdict. By contrast, the appearance of ADR makes some improvement to some extent. Nevertheless, this does not mean that ADR has no disadvantages at all. Actually, as getting no public power involved in disputes-settling process, ADR goes to the other extreme with no guarantee from the coercive force of the state and no supervision from the judicial authority. According to this situation, I propose a claim of actively developing people's court in this chapter. Judicial ADR which combines the advantages judicial procedure and ADR, if used properly, will not only overcome the weaknesses of the mechanical, long-winded and inefficient of judicial procedure but also the weaknesses of ADR referred in chapter1.