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Analysis On Alternative Dispute Resolution

Posted on:2007-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360185990414Subject:International Law
Abstract/Summary:PDF Full Text Request
Disputes are concomitant and develop with the progress of human history. Judicial litigation is the most authoritative dispute resolution in the legal nation. The diversified dispute resolution system, however, is much more suitable for the social needs and better to distribute the judicial resources. It is composed of the judicial litigation as the core and alternative dispute resolution (ADR). With its peculiar flexibility, ADR develops rapidly at the edge of legal practice. ADR reflects the change of ideas, which is from conflicts to dialogues, from cold war to negotiation, from single value to diversified values, from win-defeat situation to win-win situation. That is the progress of civilization and rule by law.First of all, it recommends the theory of civil disputes and resolution, including the connotation and characteristics of civil disputes, the types of civil dispute and the theoretical basis for diversified resolutions of civil disputes. In the term of the client, it demonstrates the objective possibility of diversified dispute resolutions. Because of the different qualities of disputes, different degrees of conflicts and different demands of clients, diversified dispute resolutions could exist, develop and thrive in the modern society. The diversified demands are from the diversification of benefits and conflicts, the diversification of relationships, the diversification of values and cultural tradition, the diversification of dispute resolutions, the consideration of benefits and the wider rights for choosing the procedure.Second, it demonstrates the basis principles of ADR, including the concept and type of ADR, response to the demands of clients, relationship...
Keywords/Search Tags:dispute, Alternative Dispute Resolution (ADR), rule by law, Social autonomy
PDF Full Text Request
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