Court-Annexed ADR System Analysis

As traced back, the whole human history was a history people pursuing and struggling for freedom. An effective system and harmony is required to establish if we want to obtain a domain of security and freedom for our existence and activities. Nevertheless, disputes are inevitable regardless the level of society's development. Therefore, it is none but restoring the destruct social system through reasonable dispute resolution mechanism that we can ensure a harmonious society. By thorough analysis of difficulties many countries encounter in judicial practice and the measures they have adopted—ADR as well as Chinese special realities, this thesis well demonstrates the strong vitality of court-annexed ADR (Alternative Dispute Resolution), and the great significance of modern nomocracy spirit for sustainable development of a harmonious society.Chapter one discusses that a rule by law society is characterized with equity, efficiency, harmony and well order. Due to inevitable disputes, harmonious society inherently contains sound dispute resolution mechanism. The idea that traditional litigation acts as the last resort for maintaining social equity means judicature generally should not be the first but an exceptional choice. Hereby, alternative dispute resolution mechanism, which constitutes a relatively integrated dispute resolution system with traditional litigation, is an essential element that rational societies should seek for a harmonious, democratic and rule of law society.Chapter two touches on the background of court-annexed ADR's emergence, and its concept and characteristics. Limitation of judicial resources restricts judicial institutions on seeking after absolute equity. Therefore, taking a more effective dispute solution measure free from litigation is an inevitable trend. And meanwhile, highlight of procedural justice's construction is required against"anti-nomocracy". The common recognition that balances interest by nomocracy, and pursues sustainable development in well-ordered society accelerates ADR's emergence and development. It interacts with litigation positively.Chapter three points out two extremes—"second-rate judicature"and"low-cost justice"that ADR affiliated to courts may develop into. Hereby, to ensure accordance with its mission for emergence, court-annexed ADR must insist on efficiency, and attach importance to the construction of legal procedure at the same time. Bearing this purpose in mind, I study and analyze court-annexed ADR in main countries and districts of the world, and compare them with Chinese special situation, then put forward some constructive guidelines for setting up court-annexed ADR with Chinese characteristics.Chapter four analyzes the possibility of solving disputes through court mediation mechanism in modern society which is undergoing reform by reflecting on defects of current China's court mediation mechanism. The construction of a court mediation system that well reflects public opinion and respects parties'freedom on handling their rights helps maintain society prolonged stability.