The Restructuring Of Court Mediation Under The View Of The Judicial ADR

The ADR is the abbreviation of Alternative Dispute Resolution, it's the generic name of gradually developed outside all sorts of litigation way to settle disputes in the 20th century. Since the 1970s The United States introduced the ADR into the litigation procedure, the ADR has the nature of quasi-judicial, thus formed the judicial ADR. The judicial ADR has facilitates solve disputes, reduce the cost to resolve the disputes, maintain social stability and other functions, that is benefit to overcome the disadvantages of the inherent lawsuit, to building a harmonious society,to promote sustainable development of society. With the contradictions between the sharp rise of litigation needs and the lack of litigation resources has become increasingly prominent, more and more countries seek to settle disputes outside the litigation, the judicial ADR receives incomparable favor by its special advantages. China's court mediation system is an important way to resolve civil disputes, to promote social development and play an important role in stability. But with the development of The Times, its drawbacks become more obvious, therefore the reform is an inevitable trend. The rapid development and excellent performance of the judicial ADR impact greatly to China judicial philosophy, whether theorists or practitioners have begun to actively explore the establishment of multi dispute resolution. Therefore, we can learn the concept of judicial ADR from other countries, reconstruction of the court mediation system in China, make it more effective to resolve social conflicts, promote social stability and development.This article firstly through to research the basic question of the judicial ADR and study comparative law, analyzing the enlightenment of restructuring China court mediation system by judicial ADR; secondly through to analyze the problems in China court mediation, discussing the engagement and fusion of judicial ADR and China court mediation; finally, reconstructing China court mediation system puts forward concrete ideas.The first part, the overview of judicial ADR. First, study the basic theory of the judicial ADR system, mainly describes its definition, nature, features and functions; second, by introducing the practice status of the judicial ADR in some countries and regions, analyzes it to restructure our country court mediation system's enlightenment.The second part, the engagement and fusion of Judicial ADR and China court mediation. Begin from the existing problems of China court mediation, elaborated the judicial ADR system is the breach of restructuring China court mediation; second, discuss the possibility of judicial ADR integrates into China court mediation; finally, explain the feasibility of introducing Judicial ADR in our country.The third part, the reconstruction of the court mediation system. In view of the problems in China court mediation, learn from overseas judicial ADR, proposed the specific idea of restructuring China court mediation.