The Study On The Judicial ADR

Alternative Dispute Resolution, ADR, is a kind of dispute resolutions out of court system, which has played an important role in the world to resolve disputes day by day. With the improvement of function and status, ADR which had disputed the notion about having nothing to do with court proceedings at first, becomes a part of lawsuit under the court. Increasingly, Judicial ADR has become an essential part to resolve the dispute. This kind of ADR is called Judicial ADR or Court Annexed ADR.The reason is that Judicial ADR has the character of unifying ADR and legal procedure, which enables it having the accurate judicial nature. The two natures of Judicial ADR can ease the pressure of some cases, reduce the frugal of judicial resources, and maintain the relationships and so on. So some foreign countries have combined their own dispute resolution mechanism with the Judicial ADR to develop the new types of ADR and localize administration. Some provisions opened up a quasi-judicial form of ADR in China, but that is not conceptualized and programmed. From the perspective of Judicial ADR to analysis, we can be sure about the progressive nature of these provisions, by contrast, in a legislative point of view, which seems to be lack of status and certain procedural requirements.In this paper, drawing on the experience gained in the foreign country, we are trying to explore a new Judicial ADR with China's national conditions. Many Chinese scholars have conducted a theoretical understanding of Judicial ADR, so in this paper, I will just sort out simply, but more time on the analysis about some new spirits and concepts. And then we will focus on its"integration"notion. In the second part, the article introduces and compares with some foreign counties'practices of the Judicial ADR. It is enlightenment that we try to construct our Judicial ADR system.After, the author puts forward China's Judicial ADR system: Pre-court-annexed mediation system. And then we discover that our country's court mediation and the original center of economic dispute resolution are insufficient. Comparing with now and before, we can conclude that the new Judicial ADR system in our country has certain forward-looking. The last part mainly focuses on the Judicial ADR operation in the practical departments, which is also the essential part in this paper. Whether setting the principles or rules can be beneficial to play its proper characters? And in reality, whether its operation is compatible with existing legal provisions? How to solve the practical problems which occurs in the process of the new system?...