Judicial Adr Research

Judicial ADR is the result of the civil justice reformation which happened in the second half of the 20th century. Since The fifties last century, most countries had to face the social problems such as procedure delay, high lawsuit cost which caused by economy development, society transition and population increase. In order to solve these problems, most countries have carried on the judicial reforms. The most remarkable characteristic of these reforms is to adopt ADR to reduce the pressure of courts and make it more reasonable. ADR is the general appellation of the alternative dispute resolutions which exist in many countries all over the world. At first ADR only existed among the people and had no relationship with lawsuit. With the development of ADR, Some countries have set up a new dispute resolution method in which the person who keeps neutrality is in charge of solving the dispute in the court such as arbitrating, mediating . The result of utilizing this method is banding ADR and lawsuit together. This kind of ADR is quasi-judicial which is called as judicial ADR now.The reason that judicial ADR could developed so fast is the social stress such as the lack of resources in the courts, high lawsuit cost, procedure delay. When people advocate solving dispute through lawsuit, we notice the drawback of lawsuit too. The courts could not solve all of dispute. The parties would have to pay the heavy cost to obtain the justice by lawsuit. Judicial ADR is of great significance in reducing lawsuit cost of parties, decreasing confrontation between parties and economizing national judicial resource by its characteristic and superiority. Judicial ADR offers a new solution which is different with lawsuit in essence, so it could relax the drawback of lawsuit fundamentally. In America only 5% cases solved by proceeding, and 95% was solved by ADR. Judicial ADR' profound value lies in that people generally have pluralistic values and demands. Establishing the system of Judicial ADR could help to maintain the authority ofjudicature and form the society ruled by law.Today we are in the process of constructing the rule in law. We regard court and lawsuit as the symbol of the legal system and take it as the most important way to increase the social consciousness of being ruled by law certainly. At the Same time we should pay attention to the drawback of lawsuit. By the reform of civil justice could not cure the drawback fundamentally. In the process of rebuilding our legal system, we should put one hand on perfecting the system of lawsuit, and another hand on coordinating the relation between lawsuit and judicial ADR. Otherwise not only could not construct the legal system but also would cause the drawback of lawsuit early which had happened in west countries.Just like other dispute resolutions judicial ADR has shortcomings and drawback. To maintain the authority of judicature and keep the utilization of judicial ADR under the shade of law, we must legislate about judicial ADR. Its organization, basic principle, work range and the procedure should be clear and feasible. Choosing the right type of judicial ADR which is suitable for our counts and concreting the system of judicial ADR is the trends of the times and the wise choice made in the process of constructing the legal system.