From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China

Abstract

Since 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.

Trends in the development of accessibility to civil rights protection

“…The need to develop a system of alternative conflict resolution is investigated and proved both from a theoretical and practical perspective [7]. The effectiveness of the mechanisms considered as social regulators that promote a balance of interests is determined in many scientific studies [8]. Many authors have established the relationship between the development of alternatives to dispute resolution and the implementation of access to justice [9].…”

Alternative Dispute Resolution of Chinese Enterprises: Learning from Foreign ADR Application Experience

“…Not just looking to traditional methods of mediation or other non-confrontational means to resolve disputes for averting conflicts, Chinese people would tend to settle their disputes in China's modern integrated dispute resolution system. It could resolve the dispute in the shortest time possible, with the least expense and stress, and achieve acceptable results [1]. For another, the scope of application of ADR has broadened a lot in the whole world, including commercial, insurance, family, health, small business, finance, construction, and consumer disputes [2].…”