| The diversified dispute resolution mechanism in China has underlying logic as well as political, social, and cultural backgrounds different from those of the “alternative dispute resolution mechanism” in Western countries. To understand the diversified dispute resolution mechanism in China, we should go beyond the superficial utilitarian orientation of “distributing the pressure of litigation” of the Western ADR and return to its positioning as a basic institutional arrangement for state governance and as the normalized governance practice. On the basis of the above understanding, we should promote the adjustment and remodeling of the mechanism. More specifically, we should, on the basis of grasping the general characteristics of the means of dispute resolution, mobilize, gather, integrate and utilize various resources of the whole society to improve and expand the means of non-litigation dispute resolution and increase the overall supply of dispute resolution resources. At the same time, we should, in light of the characteristics of social disputes and the special needs of dispute resolution and through reasonable institutional design, guide the parties to disputes in their choice of dispute resolution means, so as to achieve the match between the demands and means of dispute resolution. In addition, we should attach particular importance to the leading and coordinating role played by Party and government organs in the diversified dispute resolution mechanism and comprehensively enhance the effectiveness of “diversified and integrated” dispute resolution. |
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