Research On The Application Of Adr In The Settlement Of Enterprise Disputes

With the development and prosperity of the market economy,the economic exchanges and cooperation between enterprises are frequent and in-depth,which inevitably lead to disputes between enterprises in personnel,economic and other aspects.The effect of dispute resolution among enterprises has become an important link to strengthen the friendly cooperative relations among the main bodies of market economy.The perfection of dispute settlement mechanism among enterprises is not only an effective guarantee for friendly commercial competition among enterprises,but also an important cornerstone for maintaining the development of enterprises and social stability.The efficiency,confidentiality and simplicity of procedure of ADR can achieve the purpose of resolving disputes with relatively little investment,and ensure the effective allocation of resources for resolving disputes.This is in line with the increasingly complex trend of the development of business disputes,which is very beneficial to the long-term needs of business and interpersonal relations.In the process of dispute resolution,the applicable norms allow the parties to choose independently and self-discipline,on the one hand,fully respecting the status and meaning of the parties,on the other hand,it is also the embodiment of the spirit of equal consultation.Compared with the way of litigation dispute resolution,the advantages of using ADR to solve enterprise disputes lie in efficient dispute resolution,cost saving,diverting cases,relieving the pressure of litigation,and professional personnel handling.However,there are still some problems that need to be paid attention to,such as the effectiveness of ADR in the process of solving disputes and the abuse of the right of repentance by the parties involved in disputes.Therefore,we should look for the ADR mode which is suitable for the enterprise disputes in our country from the aspects of the legislation of ADR in the enterprise disputes resolution,the implementation agencies of the enterprise ADR mechanism,and the system design of ADR in the dispute resolution.This paper introduces three ADR cases to solve enterprise disputes,negotiation,mediation and arbitration,and analyzes the advantages of different types of ADR models to successfully solve enterprise disputes.Combining with the actual situation of enterprise disputes in China,this paper tries to find the defects of ADR mechanism for enterprise disputes resolution in China.At the same time,drawing lessons from the successful experience of foreign economic dispute resolution,and combining with China's national conditions and the development of ADR mechanism,a complete system of ADR applicable to enterprise dispute resolution is constructed...