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The Enlightenment Of Commonwealth Countries' Mediation System On Our Country

Posted on:2011-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y WeiFull Text:PDF
GTID:2166360308953375Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Nowadays, with diversity of the values, cultural heritage and conflict of interest , diversification of the dispute settlement mechanism has become a worldwide issue .All countries usually call a variety of non-litigious dispute resolution methods the Alternative Dispute Resolution (ADR). Mediation as a primary form of ADR, and trial together constitute the two main dispute settlement mechanism in China. In recent years, however, with the development of the market economy, mediation system has exposed many shortcomings. Meanwhile, the mediation system develops more maturely in some western countries such as Britain, Canada and Australia, which has a very important significance on our country. Therefore, in combination with the legal cultural tradition and the development trend of the mediation, absorbs the reasonable elements of mediation in other countries in order to form mediation system with Chinese characteristics. This paper is divided into three chapters:Chapter one analyzes the mediation system in the Commonwealth countries such as Britain, Canada and Australia.Chapter two compares the mediation system of these three countries from three aspects .Chapter three gives a brief overview of the history of the development of China's mediation system, as well as the problems of today, emphatically expounds the enlightenment of the commonwealth mediation system on our country.
Keywords/Search Tags:mediation, mandatory mediation, pre-mediation, ADR
PDF Full Text Request
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