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ADR作为一种诉讼外的纠纷解决机制,以其独特作用受到了各国的普遍重视。许多国家把它作为诉讼的替代手段加以发展利用,并产生了较好的社会效果。作为诉讼的替代机制,ADR有许多诉讼所不具有的优势,有其独特的价值,在纠纷解决中可以与诉讼形成良性互补,共同构建起纠纷解决网络。就如何构建我国纠纷解决机制、借鉴ADR的成功经验,已有不少学者进行了研究,提出了许多有价值的观点,值得我们借鉴。本文从价值分析的角度,找出ADR对我国构建纠纷解决模式的借鉴,并立足我国现状,对构建适合我国国情的纠纷解决模式进行了探讨。
ADR as a dispute settlement mechanism outside of litigation has received the universal attention of all countries due to its unique role. Many countries have used it as an alternative means of litigation and have had good social effects. As an alternative mechanism for litigation, ADR has many advantages that are not available in litigation and has its unique value. It can complement each other with litigation in dispute resolution and jointly build a network of dispute resolution. As to how to construct the dispute resolution mechanism in our country and learn from the successful experience of ADR, many scholars have done some research and put forward many valuable ideas that we should learn from. From the point of view of value analysis, this article finds out the reference of ADR to China’s construction of dispute resolution mode and bases on the status quo of our country to discuss the construction of a dispute resolution mode that is suitable for China’s national conditions.