Judicial Adr Research

Judicial ADR is an important component in the diversification of the dispute settlement mechanism. It has been raised in the world in recent years and is a kind of new method of solving dispute rapidly in the judicial process. It is of great significance in reducing the cost of lawsuit, decreasing confrontation between parties, economizing judicial resource and alleviating lawsuit delay. At present, there is no judicial ADR in the civil dispute settlement mechanism in China, and the research fruits relative to it are also scarce. On the basis of a comparative study on the judicial ADR, this paper puts up its own view on the necessity of Judicial ADR in China.The first part discusses basic issues of judicial ADR. ADR refers to justice in the courts within the attached by the court as a body chaired by the courts or guidance, in order to avoid cases through the formal adversarial hearing and set up alternative way of settling disputes collectively. In addition, the article also discusses the function and features of the judicial ADR.The second part describes judicial ADR: Chinese-style Practice. This section is divided into two parts: the first part mainly tries to answer why China wants to develop judicial ADR. There are two reasons: firstly, it is to build a harmonious society, and secondly it is to improve the efficiency of dispute resolution. The second part includes the judicial practice of ADR.The third part proposes the design of the judicial ADR. This part is the core of the article. In the analysis and comparison of the characteristics of the ADR system, as well as the possibility of transplant, on the basis of the practice of China's judicial ADR, I proposes three types of design: Court -Annexed Mediation, Private Judge, Community Courts.Finally, the article points out that there is no fixed form of Judicial ADR. We should, in accordance with the characteristics of the dispute, design dispute settlement mechanisms.