Research On The Alternative Dispute Resolution Of Management Disputes In Schools

The course of the management in schools is educative, academic, and democratic, which determines that not all the management disputes in schools are fit for judicatory redress. Alternative Dispute Resolution is more convenient, more prompt, and more economical. Besides, it can remedy the defect of lawsuit. So to construct and consummate the Alternative Dispute Resolution, which is supplementary to the means of lawsuit, is the indispensable way of settling down the management disputes in schools. The appropriate alternative dispute resolution of management disputes in schools count as following: mediation, educational appeal, and educational administrative arbitration.Mediation is an Alternative Dispute Resolution of the civil disputes in schools. The mediation institution is not antagonistic, which can make the good relationship between the schools and the students, or the teachers last, avoiding intensifying the conflict during the course of solving problems. In fact some problems occur when we apply mediation means to the management disputes in schools. But they can be solved by improving the mediation institution by means of setting up mediation organization, mediation process and effectiveness of mediation contract.Educational appeal is legal, professional and of administration instead of litigation. Educational appeal system needs improving in the way of the appeal organization, the appeal process, and the relief channel after the educational appeal.As Educational administrative arbitration is professional, righteous and quasi-judicial, it will be the ideal means to settle down the management disputes in schools. Consulting the labor dispute arbitration and personnel dispute arbitration, we can practise the educational administrative arbitration in the field of education. To improve it, we must focus on the instauration of the arbitration committee, the arbitration process and the arbitration principle.Generally, Mediation educational appeal educational administrative arbitration and lawsuit have their own advantages and process respectively. We should adjust and link up these four ways by essential system to exert their respective function and the integrated benefits. In this way, we can maximize the advantage of the dispute resolution in schools and make the means of the dispute resolution in schools various.