The Problem Research Of Insurance Consumer Alternative Dispute Resolution Mechanism

“Alternative dispute resolution mechanism of insurance consumer”(ADR) is a generic term referring to the solving process of disputes between insurance consumers and providers by methods other than lawsuits. The disparity between increasingly prosperous insurance market and relatively lagging of legal and institutional guarantee makes the insurance consume disputes increasing dramatically. ADR can remedy the defect of lawsuits properly.In this article, the current situation of ADR in china has been analyzed, and the opinion of the author has been put up. There are three parts in this article. The first part is introduction, the second part is main body, and the third part is conclusion. The second part also contains three chapters.Chapter One is the introduction of insurance consume disputes of ADR. At first, the concept of “financial consumer” and “insurance consumer” are analyzed and well defined. Then, the disadvantage of insurance consumer and the particularity of insurance consume disputes are analyzed to highlight the specific and complexity of insurance consume disputes compared with other financial consume disputes. It is obvious that ADR becomes an important advocacy channel for consumer encountering disputes and also an institutional guarantee for the insurance consumers’ rights. In the end, the current situation of ADR in some typical countries is displayed.Chapter Two includes an introduction of ADR in China and a comparative study of ADR in china and aboard. From the current situation and urgent problem of insurance consume dispute resolving solution. The comparative study is based on four parts: 1.Dispute resolving mechanism within financial institutions. 2. Insurance consumer arbitration system. 3. Coordination of disputes over financial regulatory system. 4. System of the financial supervisory service. The chapter makes a horizontal comparison in china and aboard.Chapter Three is the reflection on ADR in china. At First, this chapter concludes that traditional methods of reconciliation, complaints and arbitration in china have its limit. Then, a new third-party resolving system is proposed in this chapter.With the development of insurance industry, while resolving disputes quickly and effectively. ADR can protect the legal rights of insurance consumer and promote the insurance industry continued development.