우리나라 민간분쟁해결기관 구축시의 유의점

• 발행기관: 한국민사소송법학회
• 저자명: 함영주
• 간행물 정보: 『민사소송』제15권 제2호, 9~53쪽, 전체 45쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.11.30

영문 초록

Mediation has grown tremendously last three decades in the developed countries, but only a few persons are interested in promoting mediation system in Korea now. Korea s private system on mediation is not so much developed and it is utilized as a temporary and makeshift tools in a sense. In the case of education on mediation, circumstances are much worse than mediation system itself. Korea have no official mediation educational system in spite of setting up five mediation center already under the supervision of Korea Supreme Court. For this background, every mediator of Korea court mediation center is struggling for developing mediation skills and theories for himself/herself in the real case. The mediator of KCAB (The Korean Commercial Arbitration Board) mediation, Seoul Bar Association mediation and court appointed private mediation is also self educating in their case. For this background, mediation process of Korea is different from person to person and from institution to institution. So, it is urgently needed to standardize mediation process in Korea. It is more urgent to educate expert mediator in Korea than mediation itself. Establishing mediator evaluation system, which is completely separated from the mediation center and mediation educational center, is also needed. This article is trying to find out how to organize private mediation model/ system and mediation educational model/system in contrast with JAMS, AAA of America. So mediator s experiences and reputations are essential to the success of mediation, as the mediator s celebrities and authorities are also important. Former judge is usually a good spring of mediator in the mediation history of well developed countries, but sometimes their career of judge could be also a hindrance of being a good mediator. As a result, mediation is a kind of dispute resolution process different from judgment. In this context, mediation training/education program is need to be redesigned by the characteristics of mediation and the original culture of the society. Clinical educational system also need to be introduced as a positive elements for the law school student s mediation education.

목차

Ⅰ. 법률시장의 개방과 조정제도의 새로운 역할

Ⅱ. 미국 DR(ADR)기관에 대한 실증조사

Ⅲ. 민간형 분쟁해결제도에 대한 분석 및 시사점

Ⅳ. 민간형 분쟁해결절차(조정 및 중재) 구성시 유의할 점

Ⅴ. 결 어

참고문헌

키워드

조정 분쟁해결 잼스 중립인 미국중재협회 화해 사건관리인 비밀보호 촉진자 동석조정 별석조정 감정표출 mediation DR dispute resolution JAMS neutral AAA settlement case manager confidentiality facilitator joint session caucus ventilation