The Practical Significance of Diversified Dispute Resolution Mechanism
For most people, the concept of “surrogate dispute resolution” or ADR is still quite new. But when it comes to mediation, almost everyone knows.
Due to the over-emphasis on the judicial function, people are more advocating to solve disputes and realize rights through litigation and trial procedures. Mediation with mediator appointment and other non-litigation dispute resolution methods have been almost ignored for a long time. However, for a sound, stable and harmonious society, it is far from enough to have a perfect judicial system established in accordance with the law. There should also be a reasonable, efficient and fair diversified dispute settlement mechanism adapted to different needs.
ADR brings us the following enlightenment:
First, the rule of law society needs both judicial adjudication and diversified dispute resolution methods.
There used to be a very popular one-sided view of the rule of law, that is, non-litigation dispute resolution is the opposite of the rule of law. Now, we have a clear understanding of these problems, and have begun to re-examine and position the ways and mechanisms for resolving conflicts and disputes. The formation and development of ADR is highly respected as an important means to effectively limit the side effects of litigation and remedy the defects of litigation. It respects people’s independent choice and personal punishment, fully considers worldly wisdom, and pursues the harmony of interpersonal and social relations.
Second, a society ruled by law needs not only fairness and justice, but also efficiency and effectiveness.
Justice and efficiency are sometimes a dilemma in litigation and adjudication. The development of ADR reflects the decisive role of market economy on the rule of law. In modern society, the concept of efficiency and benefit becomes the basic judgement for the parties and society to choose the way of dispute settlement. Market economy will continue to lead the demand and development of dispute resolution mechanisms, shaping various new ADR methods, and even new forms of social organization, so that the dispute resolution methods continue to adapt to the market economy’s internal pursuit of efficiency and benefit.
Third, the rule of law society not only needs the vigorous reform of the judiciary, but also needs to fully explore and inherit the traditional culture such as mediation.
Vigorously promote judicial reform and innovation, and must not ignore and deny the beneficial elements of traditional culture. “Tradition is not out of date”, on the contrary, through full excavation and improvement, it can often inject a new rational core and bring vitality to the modern judicial system. The inheritance and perfection of the diversified dispute resolution methods with mediation as the basic characteristics is by no means to replace the judiciary and litigation. Just as the judiciary cannot replace other dispute resolution methods, but it can form a positive interaction with litigation, and promote further reform.
Therefore, the establishment and improvement of a diversified dispute resolution mechanism is of great significance for a country to maintain social stability and build a harmonious society.