법원의 ADR

• 발행기관: 한국민사소송법학회
• 저자명: 임상혁
• 간행물 정보: 『민사소송』제12권 제2호, 33~47쪽, 전체 15쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.11.30

영문 초록

The alternative Dispute Resolution(abbreviated ADR) is positively discussed no other than in the court of Korea. Korean Judicature has been utilizing settlement system not only in family proceedings, but also in general civil procedures, and it has been working out. Actually, the appearance of ADR is the result of all the efforts that people made in order to avoid time and cost spent using court. With that view, it seems odd that judicature is leading the ADR. Furthermore, these leading movement in judicature seems to threat the existing legal system. ADR is considered to be eventually profitable in that it can solve conflicts more smoothly better than legal proceedings. And the judicature is the most positive in implementing ADR. How do we have to take this reality? Maybe that is because the judicature doesnʼt need to write decisions, and doesnʼt need to take appeals from the partners. In short, they have to confess that they do it in order to re-duce their workload. This can lead to people to overall distrust in Judicature. Judiciary system has to accomplish its natural task, which is to settle litigantsʼ problems through its legal procedures, and has to devise ways to embody its task. If there is short of legal infra, the judiciary has to seek to obtain more staff and budget on the basis of peopleʼs agreement. It is not right to avoid their own work and cast their burden on other institution. In principle, there exists ADR, and the court has a deep relation to it. However, the judicature should be focused on the trials and hearings, and try to set up reliable standards on various legal cases.

목차

Ⅰ. 들어가며

Ⅱ. ADR과 법원

Ⅲ. 법원의 조정

Ⅳ. ADR의 오해

Ⅴ. 화해의 환상

Ⅵ. 조정 독려의 영향

Ⅶ. 맺으며: ADR의 활성화를 위하여

참고문헌

키워드

조정 법원 화해 대체적[대안적] 분쟁해결 Mediation Court Compromise ADR