"Investor protection-clear rules, risk awareness" 37.
Release time:
Mar 12,2021
Non-litigation dispute resolution mechanism is a general term for other dispute resolution methods, procedures and systems other than litigation. The English expression is Alternative Dispute Resolution (ADR). This concept can also be translated into alternative dispute resolution and multiple dispute resolution. ADR is an open concept. Due to the continuous development of society, the way of dispute resolution outside litigation is constantly changing, so the meaning of ADR is also constantly developing and changing. Non-litigation dispute resolution mechanisms mainly include reconciliation, mediation, administrative adjudication, arbitration and other forms.
"Investor Protection-Rules, Risk Knowledge" 37.
-- "Introduction to Securities Dispute Mediation Knowledge-Non-litigation Dispute Resolution Mechanism"
Non-litigation dispute resolution mechanism is a general term for other dispute resolution methods, procedures and systems other than litigation. The English expression is Alternative Dispute Resolution (ADR). This concept can also be translated into alternative dispute resolution and multiple dispute resolution. ADR is an open concept. Due to the continuous development of society, the way of dispute resolution outside litigation is constantly changing, so the meaning of ADR is also constantly developing and changing. Non-litigation dispute resolution mechanisms mainly include reconciliation, mediation, administrative adjudication, arbitration and other forms.
1. Reconciliation.Reconciliation refers to a way in which the parties negotiate and reach an agreement on the dispute that has occurred on the basis of voluntary mutual understanding, and resolve the dispute on their own. Reconciliation is the independent negotiation of the parties to resolve disputes, without the participation of a third party, the parties have strong autonomy, which is conducive to maintaining the cooperative relationship between the parties.
2. Mediation.Mediation refers to a third party other than the parties, based on national laws, regulations and policies, as well as social morality, to ease and persuade the parties to the dispute, so as to urge them to understand each other, negotiate, reach an agreement voluntarily, and resolve the dispute. a way. According to the different subjects of mediation, mediation can be divided into people's mediation, administrative mediation, arbitration mediation, litigation mediation, commercial mediation, industry mediation and so on. Mediation is based on the willingness of the parties and respects the autonomy of the parties. The mediation process is simple and flexible, and there is no strict procedure. The cost of resolving disputes through mediation is relatively low. People's mediation in our country does not charge the parties, and industry mediation generally does not charge fees in the early stage of development. The court will generally reduce the litigation costs by closing the case through mediation, and the mediation fees set up by the arbitration commission are also lower than the arbitration fees.
3. Administrative rulings.An administrative ruling refers to a specific administrative act in which an administrative organ or a legally authorized organization, in accordance with the authorization of the law, examines and makes a ruling on civil disputes that occur between the parties, are closely related to administrative activities and have nothing to do with the contract. Because of the high frequency of disputes in a certain field, in order to resolve disputes quickly and reduce costs, some administrative departments have the right to make administrative rulings, for example, the labor and social security departments can rule on labor disputes. Administrative adjudication is organized by the administrative department, which has the characteristics of simple procedure and strong professionalism, but the autonomy of the parties is low.
4. Arbitration.Arbitration refers to a system and method of dispute resolution in which the parties to a dispute reach an agreement on a voluntary basis to submit the dispute to an arbitration institution for trial, and the arbitration institution makes a binding award on all parties to the dispute. The choice of arbitration to resolve disputes requires the conclusion of an arbitration agreement in advance, and without an arbitration agreement, arbitration cannot be chosen. Once the arbitration is made, it shall be final, and the parties cannot apply for arbitration or bring a suit in a people's court for the same dispute. The arbitral award is mandatory, and if one party fails to perform the award, the other party may apply to the people's court for enforcement in accordance with the law.
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