通过合意方式解决纠纷--美国经济活动中ADR方式运用状况分析

纠纷解决替代方式(ADR)在美国经济民事活动领域中早已开始实践,它起因于通过中立的第三者协助争议当事人双方解决他们之间纠纷的过程.从对美国经济活动中运用ADR的状况分析可以看出,合意解决纠纷方式在美国已不再停留在一种法律的确立上,而是开始了从具体的形式、程序设计、机构设置、人员培训以及相关效力等方面的深入研究和实践.就我国而言,创立新的ADR方式,以及为已有ADR提供更科学、更合理、更符合现代法治要求的规范和保障,应成为目前法治建设之重要目标所在.

Resolution of Disputes Through Consensus--Analysis on the Application of ADR in America Economic Activities

ADR refers to processes in which a neutral third party assists those in a dispute to resolve issues between them, which has been put into practice long in the area of economic and civil activity in America. Through the analysis on the application of ADR in America economic activities, we can see not only the establishment of law in America but beginning deep research and practice from such aspect as its specific forms, process design, organization setting, personnel training, and related validity and so on. As far as China concerned, to establish new ADR and provide the existed ADR with norm and safeguard which are more scientific, reasonable and accordant with the demand modern constitutionality, should become an important goal of recent legal construction.