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Research on the Alternative Dispute Resolution of Management Disputes in Schools

Author: LvZuo
Tutor: LiXiaoYan
School: Central China Normal University
Course: Educational Economy and Management
Keywords: School Management Dispute Alternative Dispute Resolution Mediate Education Appeal Education administrative arbitration
CLC: D925.14
Type: Master's thesis
Year: 2006
Downloads: 293
Quote: 4
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Abstract


School management process has characteristics of educational , academic and democratic ways , not all school management disputes for judicial relief . The solution of the non-litigation dispute resolution in school management convenience , rapid , economic and other advantages , can compensate for the limitations of litigation . To do this , build and perfect complementary non-litigation and litigation settlement mechanism is the only way to solve the school management disputes . Non- litigation solutions suitable for school management disputes , mediation , education the complaint and educational administrative arbitration . Mediation is a non - litigation to resolve of school civil law disputes . Non-adversarial mediation , schools, and students , among teachers to solve the dispute but also to maintain a good relationship with each other to avoid the existing contradiction between the intensification . Reality, the use of mediation means to solve the school management disputes still exist problems , but this can be achieved through the establishment of mediation organizations , the effectiveness of mediation and conciliation agreements and other aspects of the sound to be improved and solved . Education complaint system is a legal , technical and administrative complaints in the sense of non-litigation system . Many defects in the system of education in China complaint from the admissibility of the complaint of education institutions, education complaints procedure specification and education complaint relief channels to be perfect. Based on the characteristics of arbitration professional , impartial , quasi-judicial nature , education administrative arbitration system would be an ideal way to effectively solve the school management disputes . We can refer to the labor dispute arbitration and personnel dispute arbitration , arbitration system for the implementation of educational administration in the field of education , the arbitration system of education administration from sound education administrative arbitration principle , the establishment of the arbitration committee of educational administration , educational and administrative arbitration procedures . In short , mediation , education appeal , educational and administrative arbitration and litigation of four school management disputes solution has the characteristics and advantages of each program should address the relationship between the way these four disputes through the necessary mechanisms to adjust and reasonable convergence diversification to better play to their respective functions and overall effectiveness , and maximize the effectiveness of the school management disputes and dispute resolution and choice .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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