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ADR是指非诉讼纠纷解决机制,是民事诉讼程序之外的非诉解决机制,在很多国家得到了应用。这一制度起源于美国,然而在日本也得到了很大的发展。着重介绍ADR的要素和功能,法律在ADR中的作用,以其在日本的发展状况和相关领域的应用为例介绍法律与ADR纠纷解决机制的关系。以期对我国的非诉解决机制有所启示。
ADR refers to non-litigation dispute resolution mechanism, which is a non-litigation resolution mechanism outside civil procedure and has been applied in many countries. The system originated in the United States, however, but it has also greatly developed in Japan. It focuses on the elements and functions of ADR, the role of law in ADR, and introduces the relationship between law and ADR dispute resolution mechanism based on its development in Japan and its related fields. With a view to our country’s non-litigation resolution mechanism has some enlightenment.