On Neutral Evaluation Mechanism Of Maritime Disputes

Neutral Evaluation Mechanism is a type of dispute disposal system that at the early stage of a case,a third neutral party independent of the parties to a conflict holds a assessment conference in which it evaluates their situations,the focus of the dispute,the cost of various dispute settlement,the potential result and the dispute approaches.etc suggested by ascertaining relevant evidences and hearing the statements and requests of the parties to the dispute and their lawyers.With logically procedural regulations,Neutral Evaluation Mechanism,characterized by perspectiveness,rapidity,confidentiality.etc has been applied to the settlement of medical disputes and insurance ones.etc successfully in our country.The Reform Pilot Overall Scheme of Promoting the Connection Between Litigation and Non-litigation Conflict and Dispute Disposal Mechanism(2012),On the People's Court Further Deepening the Reform of Diversified Dispute Settlement Mechanism(2016),The Fourth Five-year Reform Program of the People's Court(2014-2018)enacted by Supreme People's Court render an unprecedented opportunity for the mechanism to play a part in maritime dispute resolution.Currently,the alienation of maritime disputes leading to the utilization disorders of scarce dispute settlement resources,he normalization of invalid judgments,the litigation of maritime dispute arbitration,the subjectivization of maritime administrative mediation.etc becoming prevalent by degrees,various maritime dispute settlement bodies are refrained by their subjectively or objectively obsolete perception and system.Dialectically,Compared with traditional dispute disposal system,the subtler relationship between the maritime disputes and Neutral Evaluation Mechanism facilitates the latter to be applied to solve the former.Neutral Evaluation Mechanism is suitable to the characteristics of maritime disputes,making the latter to be solved appropriately,promoting maritime onesreasonable case divergence and compensating the disadvantages of traditional dispute disposal system.Undoubtedly,it can be an innovative settlement of maritime disputes.Courts of experimental reform,despite of their diverse deficiencies in legal regulations' s application,have made some reform achievements worthy of compliment.In the process to the paties model of dispute-resolving method,it is a new issue faced by practical circle that how to introduce Neutral Evaluation System to the maritime disputes' s settlement in our country.Consequently,via reviewing the United States' s Neutral Evaluation System and China's relatively experimental reform,we can draw a conclusion,since the neutral evaluator,the most important component of the system,playing a multiple role in the process of relavant procedures,it can only be undertaken by experts of theretical insights and practical experience.On the basis of it,scientific planning of starting mechanism,appropriate situation of system operation,correct procedural rules,toll standard of semi-nonprofit,reasonably procedural evaluation standard are indispensable to realize the rational construction of our country's Neutral Evaluation System inmaritime disputes settlement.