行政性ADR是指国家行政机关或准行政机关所设或附设的非诉讼纠纷解决程序,包括行政调解、行政申诉、行政裁决等基本形式。行政性ADR在功能和程序上具有诸多优势,无论在解决纠纷的效率和成本上,程序的规范性与灵活性上,还是在对纠纷双方友好关系的恢复和维持上,乃至在纠纷解决协议的权威性和履行上,都是诉讼判决难以达到的。其蕴含着实质正义和社会和谐的价值追求,这种价值理念不仅契合中国人传统的心理取向,而且正为全球性的司法改革和法制现代化所推崇,成为现代多元化纠纷解决机制的重要组成部分。综观西方各主要国家,行政性ADR不仅有理论上的肯认、观念上的基础、实践中的认同,而且还有制度上的支撑。其在行政法中的贯彻与适用,已经成为一种普遍现象且取得了良好的效果,这充分表明了行政调解方式在行政纠纷解决中适用的普遍性、广泛性,其经验对我国的行政调解制度具有借鉴意义。 Administrative ADR refers to the non-litigation dispute settlement procedures established or attached by the state administrative agencies or quasi-administrative agencies, including administrative mediation, administrative appeals, administrative rulings and other basic forms. Administrative ADR has many advantages in terms of function and procedure. Whether in solving dispute efficiency and cost, procedural norms and flexibility, or in resuming and maintaining the friendly relations between the two parties, and even in the dispute resolution agreement Authoritative and performance, are litigation difficult to achieve. It embodies the pursuit of the value of substantive justice and social harmony. This concept of value not only conforms to the Chinese traditional psychological orientation, but is also respected by the global judicial reform and legal system modernization and has become an important part of the modern pluralistic dispute resolution mechanism . Looking at all the major western countries, the administrative ADR not only has the theoretical recognition, the concept of foundation, the practice of identity, but also the institutional support. Its implementation and application in administrative law has become a common phenomenon and has achieved good results. This fully demonstrates the universality and universality of the mode of administrative mediation in administrative dispute resolution and its experience in administrative mediation in our country System has reference significance.