법원이 관여하지 않는 특별 조정절차의 검토

• 발행기관: 한국민사소송법학회
• 저자명: 김연
• 간행물 정보: 『민사소송』제14권 제1호, 33~84쪽, 전체 52쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.05.30

영문 초록

In most countries, everyone who encountered a legal dispute usually go to the court. Trial is the most common and the last procedure to resolve the private dispute. Mediation is depicted as one of ADR, alternative dispute resolution, which has many advantages compared with the trial. From that reason, Korea has many mediation committees outside the court, as administrative committees or civil ones. In spite of the most administrative mediation committees are ruled by the law or administrative orders, there are a lot of different points among them. That confuses the people who wants to file a mediation case and many researches have pointed out a lot of problems suggesting useful resolutions. Such suggestions want to strengthen power of the mediation committee including the effect of mediation protocol. But I think the most important merit of mediation is self-regulation. And my conclusions are pointed to the direction to increase the character of the committee as a service organ to the nation not a ruling one.

목차

Ⅰ. 서언

Ⅱ. 법원 외 조정제도의 의의

Ⅲ. 법원 외 조정의 현황

Ⅳ. 법원 외 조정절차의 검토

Ⅴ. 조정절차의 개선안

Ⅵ. 결언

참고문헌

키워드

대체적 분쟁해결방법 조정 행정부에 의한 조정 분쟁조정위원회 조정절차 ADR: Alternative Dispute Resolution mediation mediation by administrative committee dispute mediation committee procedures of mediation