Reconstruction Of Relationship Between The Court And The ADR

Long time, the way to resolve the dispute and conflicts is rather simple. Chinese civil litigation mediation and conciliation system is known as "oriental experience", but the use of new channels and the development of problem are still insufficient. It becomes an important way to strengthen the use of alternative dispute resolution mechanism (ADR) to resolve the problems present. Now China's various existing alternative dispute resolution methods are still in the early stage of development, with low effect and without force, the parties have little confidence of them. As the final defense of social disputes, judicial act has not played its total role.Therefore, as the last line of defense of social justice, it's necessary to study the system of creation and improvement of library ADR, that is to reconstruct the relatively independent separate system of "Pre-trial mediation"; ADR guided by the court, that is to guide the people's mediation, and realize the joint of people's mediation and contentious mediation; ADR guided by the court, that is to reconstruct the organisms of solving social disputes for the executives and similar organs.Meanwhile, in the study, with the reference of China's current national conditions and the reality, the paper combines the Chinese courts (Court of Dongying example) and the exploration of ADR diversity, the current ADR in the creation of the court's role and the ideal build together, to make it more relevant and more practical. With further study on diversification and alternative dispute resolution mechanisms, and the strengthening of judicial protection and the active exploration of the court, as well as legislative measures, the community's support, ADR will certainly play more important role in settling conflicts and building a socialist harmonious society.The full thesis is divided into two chapters besides the postscript.Chapter 1: Introduction to the relationship between the court and ADR. Beginning with the litigation pressure faced by the court and the protection of civil litigation, the paper analyzes the relationship between the contentious mediation and ADR; introduces the meaning, characteristics and types of ADR and national and international exploration to the relationship between the court and ADR.Chapter 2: The reconstructing relationship between ADR and the court. The paper introduces the perfection to "Pretrial mediation"—led by the court (ADR attached to the court), the necessity to reconstruct the "Pre-trial mediation" as a relatively independent procedure and the actual exploration of China's courts, analyzes the positive significance to build the "Pre-trial mediation" system.The paper introduces the people's mediation ~ ADR guided by the court, analyzes the advantages and status of people's mediation as Chinese civil ADR, the disadvantages of people's mediation and the joint to contentious mediation, and introduces the national exploration in people's mediation.The paper introduces the supervision to the administrative resolving of disputes—ADR guided by the court, analyses its channels, disadvantages and reconstruction, introduces national's exploration in court's guiding.