The Dispute Resolution Mechanism According To A Desired

The human society makes great efforts to establish suitable legal system to settledisputes. Proceedings are undoubtedly the most effective way, while these days,proceedings meet some problems, which call for changes. People begin to realize thatthey need a more peaceful way to solve disputes, because the steady relationshipcauses a win-win consequence. To solve disputes by meeting of minds is just aconvenient way to conciliate both parties.Nowadays, the research of solving disputes by meeting of minds has reached aconsiderably higher level, the research method varied too. Different theory systemstake on obvious conflict and diversiform state. To solve dispute by meeting of mindsseems to have many problems itself. In China, mediation, as a main kind of solutionto solve disputes by meeting of minds, used to play an important role, while it istrivial compared to litigation. Affected by foreign theory development, China scholarsbegin to pay more attention to it, and gain comparative progress in practice.Refer to these above, I try to use the theory about judicature limits, legal economicsand legal sociology knowledge to demonstrate the legitimacy of to solve disputes bymeeting of minds, and analyze the importance of solving disputes by meeting ofminds to legality construction at the background of judicial difficulty in mostcountries of the world. At the close of this paper, I try to give a clear demonstration onthe trend of solving dispute by meeting of mind in the whole world, and theshortcoming of the institution in China;on conclusion, I conduct some suggestion onhow to improve the institution in our country.