The Restructuring Of Court Mediation Under The View Of The Judicial ADR

Alternative Dispute Resolution, ADR, is a kind of dispute resolutions out of court system, which can reduce litigant's lawsuit cost, the resistance between litigants, the frugal of judicial resources, as well as the alleviation lawsuit delay. Unifying ADR and legal procedure, enable it having the accurate judicial nature, this kind of ADR is called judicial ADR or Court Annexed ADR. Judicial ADR is the new production of the reformation of Western civil procedures. We don't have this kind of practice in our country, and the related research is only to start. The full text altogether divides four parts, approximately 33,000 characters.In first part, is the basic research about the judicial ADR, such as the definition, the type and the nature. Judicial ADR takes court as the management organization, or carrying out under the court instruction, adopting with the legal procedure different from the non-lawsuit dispute solution, has the accurate judicial nature. Also the problems of the judicial are pointed out in this part. In second part, the article introduces the practices of the judicial ADR of some foreign counties. These practices and the court mediation in our country have the same effect. In third part, the article discusses the establishments of judicial ADR in our country. In fourth part, the thesis deals with court mediation restructuring in our country.