AAA와 KCAB 조정제도의 비교와 시사점

• 영문명: Comparison and Suggestions of Mediation System between AAA and KCAB
• 발행기관: 한국중재학회
• 저자명: 오원석(Won-Suk Oh) 김대환(Dae-Hwan Kim)
• 간행물 정보: 『중재연구』 제23권 제4호, 139~167쪽, 전체 29쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

Mediation, which is part of ADR, is a method used to settle disputes amicably by employing a third party who is in a neutral position. Utilization and attention on meditation are increasing in place of litigation and arbitration owing to its effectiveness in terms of time, cost, and effectiveness in achieving an amicable settlement. As to Korea, mediation at the civil level was employed by the KCAB in July 2012 but its utilization was in ABC stage compared to mediation at the governmental and judicial levels. Based on this situation, this study reviewed the guideline and system of the KCAB through a comparison of the management system between the KCAB and AAA where mediation was in good use. This study further suggests solutions as to the development of an international commercial mediation system First, the KCAB rule is needed to create a mediation language, mediation place, mediator internationalization, and so on. Second, a system backup is necessary to ensure the enforceability and effectiveness of mediation. Third, a unified mediation law in Korea is desirable for the harmonization of mediations at civil, governmental, and judicial levels. The unified mediation law, if it is made, may lead to an international base where this requirement exists. Fourth, advertising the merits of mediation to the public is necessary. Fifth, securing specialized mediators and relevant training are essential. If the above requirements are implemented, Korea would advance in international commercial disputes.

목차

Ⅰ. 서 론

Ⅱ. AAA와 KCAB의 조정제도 운영현황

Ⅲ. 양 기관의 조정제도 비교

Ⅳ. KCAB 조정제도의 개선점 및 활용증대 방안

Ⅴ. 시사점

키워드

AAA KCAB ADR 국제상사조정규칙 조정제도 KCAB AAA ADR International Commercial Mediation Rules Mediation System