Analysis And Reference Of U.S. Early Neutral Evaluation

With the development of our citizen's awareness of rights and obligations, China has gradually entered a"dispute explosion"period. since the beginning of 2009,the supreme court promote the mechanism of"mediation before formal proceedings",exploring new ways of dispute resolution .However, due to various factors,"mediation before formal proceedings"can not be as effective and flexible as the ADR(alternative dispute resolution) in the USA. Through the combination of author's practical work experience, the author analyzes the main defects of"mediation before formal proceedings",and believes that by introducing ADR to our proceedings, it will have greater and bigger social influence. Chosing ENE(early neutral evaluation) as the starting point, the author describes the main elements of this mechanism, the characteristics ,defects, possibility of the transplantation , concludes a framework and procedure of Chinese charectristic ENE.