司法ADR之正义价值及其运行模式选择

虽然非诉讼解决纠纷机制在人类制度文明史中由来已久,但概念化的ADR方式则源于现代美国人的制度创新.通过司法ADR,美国人促进了以公正与效率为核心内容的司法正义价值在更广泛意义上的实现.ADR在民商事纠纷解决中显示出来的独到优势也使其能够在众多法治发达的国家倡行.构建我国司法ADR机制,必须立足于ADR与诉讼的价值互补关系,突破传统民事诉讼法的诉讼调解模式,建立起组织健全、权限明确、程序规范并与诉讼机制相协调的独立的司法ADR机制.

Justice Value of Judicial ADR and Choice of Its Operation Mode

White it is time-honored in the history of human system civilization that disputes are setinnovation modern Americans. Through judicial ADR the Americans speed up the realization in a more extensive sense of judicial justice value with justice and efficiency as the core. The unique advantage of ADR, as shown in its settlement of civil and commercial disputes, enables it to be advocated and practised in many a developed country governed by law. In establishing judicial ADR mechanism in China, the complementary relation between ADR and lawsuit vahle should be taken as the basis, breaking through the mediation mode of lawsuit in the conventional livil procedure act. An independent judicial ADR mechanism is to be established, which is sound in organization, definite in competence, normalized in procedure and harmoneous with lawsuit mechanism.