民事調停ㆍ和解制度의 活性化方案과 ODR

• 영문명: Revitalization of the Korean Civil Mediation and ODR
• 발행기관: 한국재산법학회
• 저자명: 김상영(Kim Sang-Young)
• 간행물 정보: 『재산법연구』재산법연구 제22권 제3호, 365~407쪽, 전체 43쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.02.01

영문 초록

Korean courts have made efforts to revitalize civil mediation and got more or less good results according to courts. But courts' effort has its limits. ADR system more various and effective than ever needs to be established and be a attractive option to raise the ratio greatly that disputes are settled by ADR as in U.S.A. It is unreasonable to intend raising the batting average of court mediation compulsorily instead of regular efforts that lead the parties to a suit to make a good choice autonomously out of various dispute resolution programs. It is desirable that courts show good models for genuine ADR neutrally instead of sticking to the batting average of court mediation for the time being in Korea that ADR system actually doesn't take root in the ground yet, I think. Furthermore it is necessary to examine thoroughly the introduction of american CAA or ENE modified according to our legal culture and climate. So lawyers or retired judges with professional experiences and good reputations preside over the process of ADR and show true character of ADR, which might lead to the prevailing dispute resolution. Consequently, the number of lawsuits requiring the process of trial will decrease remarkably and judges will be able to concentrate on trials leading to substantial trials and proper judgments. As use of the Internet to communicate and conduct business grew, disputes were inevitable. Thus it was that alternative dispute resolution took a foothold early on in the history of cyberspace. The range of potential disputes in the virtual world is as wide as in the tangible one - copyright or trademark infringement, misappropriation of trade secrets, defamation, fraud, deceptive trade practices, invasion of privacy - the list grows ever longer. Early in 1996, operating on the assumption that disputes that arise online are best resolved online, a group of Internet trailblazers established The Virtual Magistrate, the Web's first forum for online arbitration and fact finding. Proceedings were to be conducted entirely by e-mail, and moderated by an impartial magistrate drawn from a pool of neutrals with experience in computer and Internet law. The Virtual Magistrate still lives on the Web, now "new and improved" and hosted by Chicago-Kent College of Law, at www.vmag.org. But while it appears largely inactive even today, other online ADR programs have sprung up in its wake. In fact, this field of dispute resolution has come to have its own name - online dispute resolution, or ODR.

목차

Ⅰ. 들어가며

Ⅱ. ADR의 動向

Ⅲ. 우리 民事調停ㆍ和解制度와 그 問題點

Ⅳ. 우리 民事調停ㆍ和解制度의 活性化方案

Ⅴ. 活性化方案의 하나로서의 ODR

Ⅵ. 맺으며

참고문헌