Research On ADR Dealing With Property Management Disputes

As China’s urban housing system reform and housing management paradigm shift, a new dispute form--property management disputes, produced in1990s. After entering the21st century, the number of property management disputes has experienced significant growth, and has now become one of the most common types of dispute in the city. However, the development of property management disputes settlement mechanism has seriously lagged behind the need of social reality. On the one hand, in practice, property management disputes litigation have not yielded good results, due to inherent limitations of litigation and its own characteristics of property management disputes; on the other hand, ADR has many natural values and advantages, it is more in line with the needs of parties the community to settle the dispute, and it also can effectively compensate for the lack of justice, but the research on ADR dealing with property management disputes is still in its infancy.Therefore, this article attempts to research on ADR dealing with property management disputes systematacially, and hope it can produce a bit of benefits to popularity of the concept of ADR and the resolution of property management disputes.This chapter first introduces the concept and special nature of property management disputes, and the characteristics and advantages of the ADR, to clarify the causes and necessity of ADR dealing with property management disputes, and then we give a definition on ADR dealing with property management disputes.In the second chapter, the development of the legal basis of ADR dealing with property management disputes is been reviewed, as well as the exploration and practices in many places. The valuable experiences in the practice and exploration, is establishing and perfecting the best reference of property management disputes litigation settlement mechanism.The third chapter, according to the situation in reality of ADR dealing with property management disputes, we give a comprehensive analysis of the plight of the mechanism, from the macro-social factors, as well as internal factors and the link between ADR and the legal proceedings, these three levels.The fourth chapter, according to the former practice of development and the problems faced discussed in the article, the author makes some suggestions to perfect the ADR dealing with property management disputes, and looking forward to this mechanism can become more mature.