The Development And Plight Of The Doctrine Of Autonomy Of The Parties In ADR

In the times before ADR (Alternative Disputes Resolution) acts as a dispute settlement mechanism, the doctrine of autonomy of the parties was mainly for the selection process of the proper law in international civil and commercial litigation. In this process, the doctrine of autonomy of the parties had been limited. With the development of economics and society, the links between social units have grown and relations have gradually complex, a single litigation mechanism to resolve civil and commercial disputes could not satisfy the complicated requests so that ADR (branded by the doctrine of autonomy of the parties) came into being. At the same time, owing to the doctrine of autonomy of the parties highly exposed, ADR also exposed problems that the doctrine of autonomy of the parties hadn't shown before.This article beginning with analysis of ADR, attempts to find the characteristic of the doctrine of autonomy of the parties at this stage of the development and the problems that might arise, and then provides appropriate solutions.This article is divided into three parts.Part I, embodiment and development of the doctrine of autonomy of the parties in ADR. Base on the background provided by the foreword, this chapter focuses on the right to choose and to the creation of rules in the progress of dispute resolution. The choice part is divided into three levels, named: the parties'choice of the dispute resolution option, the parties'choice of the rules of dispute resolution and the parties'choice of the pluralistic value. Specifically, the parties'choice of the dispute resolution option can be divided into two levels: First, choice between the traditional litigation and ADR;Secondly, the choice among specific ways in ADR.Part II, the plight of the doctrine of autonomy of the parties. This part...