Chinese, Australian Law Experts Discuss Alternative Dispute Resolution

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Last updated at: (Beijing Time) Thursday, November 21, 2002

Chinese, Australian Law Experts Discuss Alternative Dispute Resolution

More than 200 Chinese and Australian law experts attended a seminar on "Alternative Dispute Resolution (ADR) and the modern role of law" in Beijing on Wednesday.

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More than 200 Chinese and Australian law experts attended a seminar on "Alternative Dispute Resolution (ADR) and the modern role of law" in Beijing on Wednesday.

The seminar was held according to a memorandum on judicial cooperation signed between China and Australia early this year.

Most experts worldwide believe that ADR, which can be more efficient and practical than litigation under certain circumstances, is another way to solve civil disputes. In China, the People's Mediation System, a form of ADR with Chinese characteristics, has won high praise as the "oriental experience" in international judicial circles.

The seminar discussed the legal status, significance and role of ADR, the operating procedures, measures and effectiveness of different ADR mechanisms, ADR and adjudication in the courts as well as the state's role in perfecting an ADR scheme.

As the number of civil and economic disputes increased, all governments and judicial circles were currently paying much attention to how to solve them efficiently and fairly, China's Vice Minister of Justice Duan Zhengkun said at the seminar.

As one form of ADR, "mediation plays an irreplaceable role in safeguarding social stability and justice, maintaining economic development and promoting unity among civilians," he said. China was willing to boost international exchanges and cooperation in this regard on the basis of mutual respect and benefit, equality and the principle of seeking common ground while shelving differences, he noted.

Justice Frank Vincent from the Supreme Court of Victoria in Australia, said "litigation is often criticized for being slow, procedurally complex and costly." ADR, on the other hand, "is perceived as having the ability to empower disputants, through the provision of more flexible processes that enable greater disputant choice, control and direct participation in their own disputes."

Compared with litigation, mediation can be chosen more freely and at lower cost by a wider range of disputants, said Deputy Director Yan Junxing of the Judicial Research Institute affiliated to the Ministry of Justice. Mediation was not only conducive to the settling of disputes but also helped ease the pressure on courts.

By the end of 2001, China had set up 900,000 mediation centres and trained 8 million mediators, according to sources. Each year an average of over 6 million civil disputes were settled through mediation.

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