The Study On Canada Administrative Dispute Mediation Mechanism

In the process of dealing with the disputes between the government and thecitizen, Canada pays a great attention to the role of mediation, therefore, whether fromthe concept, institutional setup, or program arrangement, personnel appointed, andother aspects, the administrative dispute mediation mechanism in Canada is ralativelycomplete. It has a great significance to our country,because in our country,thetraditional administrative dispute resolution mechanism is confronted with being outof working. Therefore, based on the introduction and analysis of Canadaadministrative dispute mediation mechanism by the using of comparison method, thisarticle mainly puts forward some constructive suggestions to our country’sadministrative dispute mediation mechanism.Considering the concrete structure, this paper is mainly divided into five parts tostudy the Canada administrative dispute mediation mechanism. The first part of thispaper introduces the production and development background of mediation in Canada,which mainly includs:The"consultation" legal culture spirit that formed in thedevelopment of Canadian history; The impact that Canada suffered from the rise ofmediation in the countries all over the world; The pratical need of mediation or theadvantages of mediation,which is a reason why the mediation be adopted in theadministrative dispute in Canada;The breakthrough of traditional culture in themediation from private domain to the mediation of public domain. The second partmainly makes an overal introduction of the mediation functions that the threeinstitutions have, including the mediation function of Canada administrative tribunals,the administrative ombudsman ande the court’s judicial review. This part mainlyintroduces the administrative tribunals from the establishment of mediationorganization, the mediation process, the appointment of mediator, the neutrality of themediation process, the efficacy of mediation agreement and so on. There will be onlya general introduction of the administrative ombudsman system and the court,thereinto, the administrative ombudsman system mainly chooses Passport Canadian as a starting point to the analysis, and then there will be a comprehensive analysis of thethe court’s mediation function in process of the judicial review. The third part mainlysummarizes the characteristics of administrative dispute mediation mechanism ofCanada, mainly including four aspects: the universality of mediation used; the greatattention payed to the neutrality of mediation process; the easy opertiaon of themediation program and the emphasis on the secrecy. The fourth part mainly discussesthe reference significance of Canadian experience to the administrative disputemediation mechanism in our country.Based on the analysis of problems existing inChina’s administrative dispute mediation, this part puts forward some suggestionsfrom the aspects of the organization establishment, mediation process, theappointment of mediators, the neutrality and security in the mediation process,thereview and implementation to mediation agreement. The fifth part, epilogue.