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法院对抗式的诉讼模式以及两审终审、审判监督制度或者更多程序的实行,是以保证程序正义和实体正义,但是这样免不了造成当事人诉讼成本的增加;同时社会化大生产加强,经济的快速发展,社会主体间的纠纷大幅度增加,人民法院面临的压力和法官所承担的责任也就愈加增大。在此情况下,法院附设ADR旨在减少诉讼成本和诉讼延迟,也是为了能在一定程度上减轻法院的压力。我国法院现阶段实行的是诉讼中调解,而对于其他的替代性纠纷解决方式并未太多涉及。本文通过对法院附设ADR制度的主要类型分析,讨论其在我国的适用性,以期对其进行一定的完善。
Court adversarial litigation model as well as the trial of second instance, trial supervision system or more procedures to ensure procedural justice and substantive justice, but so inevitably lead to an increase litigation costs parties; the same time, large-scale socialization of production, rapid economic Development and disputes among social subjects have risen sharply. The pressure on the people’s court and the responsibility of the judges have also increased. In this case, the court attached ADR aims to reduce litigation costs and litigation delays, but also to a certain extent, reduce the pressure on the court. At present, courts in our country are mediating in litigation, and not too many other solutions are involved in the alternative dispute resolution. This article analyzes the main types of ADR system attached to the court and discusses its applicability in our country in order to improve it.