Study On ADR In Solving Management Disputes In Institutions Of Higher Education

Management disputes in institutions of higher education emerged themselves with the practice of China’s higher education management. The expansion and popularity of China’s higher education has caused more and more problems related to educational management disputes. With the deepening of education reform and the focusing of social attention on the field of education, how to resolve these management disputes has become a hot topic. Through theoretical analysis and practical verification, to solve the emerging problems of management disputes in institutions of higher education by "Alternative Dispute Resolution"(ADR) model has been widely recognized as an effective problem-solving approach.The unique social position of institutions of higher education makes it hard for emerging issues to be properly addressed simply through judicial review, and the legal relationship included here is not just about civil law, but also about administration. So it’s hard to define responsibilities or solve the problem through pure legislative actions. But it has become imperative to tackle those problems as they continue to increase and expand. Fundamentally speaking, the current judicial review system is too complex and far from being perfect, thus making it unable to solve newly arising problems and disputes. Meanwhile, the administrative interference and the uncertainty of the legal status also add difficulty to the settlement of management disputes in institutions of higher education. The advent of ADR has opened a new road for an effective and reasonable resolution of those disputes."Alternative Dispute Resolution" is a term used to describe several different methods of resolving legal disputes outside of court using a neutral third party. Compared to the litigation system, ADR model is less cumbersome, less costly, more flexible, and can also exert a favorable effect of mitigation and diversion on the phenomenon of "litigation explosion" in current judicial process. At the same time, in contrast to common litigation, educational litigation bears its uniqueness, complexity, making it hard to define the category and lengthy to wind up a case. ADR model, however, is adequate enough to deal with management disputes in institutions of higher education. It occupies a very important position in addressing such disputes for its own flexibility, advantage and uniqueness of features.Although it was put forward in modern times, the concept of ADR actually originated from ancient times as an idea of resolving disputes. As early as in the Spring and Autumn Period (722-481B.C.) in Chinese history, there spread the idea of "No Legislation"; therefore, since ancient times till now, Chinese people have been holding such "No legislation" ideas as "the less trouble the better","Nothing like having a man on the spot to smooth the way". In modern times, this kind of concept has evolved into a new concept, which is a brand-new interpretation of state power and civil rights and a supplement and perfection for judicial acts. Any method of ADR model can provide great help for each field of judicial activities.From different methods under the ADR model, a host of methods can be derived to resolve management disputes in institutions of higher education, such as consultation mechanism, mediation mechanism, arbitration mechanism, appealing mechanism. Since they are more time-saving and cost-efficient, and they can facilitate the resolution of disputes, these non-legislation methods are gaining increasing attention and popularity.The dissertation is made up of the following chapters.The opening part is the introduction, which includes the research background, practical significance; the structure and framework, etc.Chapter1defines the term of Management Disputes in institutions of higher education, analyzes the nature of these disputes, and also categorizes the various disputes, thus laying a theoretical foundation for the further analysis.Chapter2analyzes the difficulties and the underlying causes in resolving the management disputes in institutions of higher education, highlighting the real plight and the underlying factors leading to the plight. It serves as a way to find viable solutions.Focusing on the theory and the practice of ADR model, Chapter3describes its feasibility and applicability in resolving disputes in, and figures out an ADR solution appropriate for China’s Higher Education management disputes in China’s institutions of higher education.Chapter4presents the specific ways of using ADR to resolve management disputes in institutions of higher education, including principles of applying various ADR solutions and concrete measures. Through comparison and contrast, the ultimate goal is to find a faster, better solution to the problems related to management disputes in China’s higher education.Last part is the ending, a brief summary of conclusions.