A Study on the Course of the Developing of Mediation System in Korea

한국조정제도의 발전방향

  • 이주원 (대한상사중재원, 광운대학교)
  • Published : 2002.08.01


Mediation is defined most simply as facilitated negotiation. An impartial third party(the mediator) facilitates negotiations between disputants or the disputants' representatives in their search for a resolution of their dispute. The disputants remain responsible for negotiating a settlement; the mediator's role is to assist the process in ways acceptable to the disputants. Sometimes this means merely providing a forum for negotiations or convening the negotiations. More often it menas helping the disputants find areas of common ground for resolution, offering alternatives, supervising the bargaining, then drafting the final settlement. mediation can occur between two disputants seeking to resolve one issue, or among many disputants seeking to resolve several issues. The disputants can participate in mediation themselves or they can have representatives negotiate for them. Mediation most often is a voluntary process. In Korea, as mediation could not have developed for lack of people's correct understanding on it, there must be enlightenment against the people, and it needs subsidiary from government and support from lawers. In order for the lawers to accomplish their role in progressing mediation procedure favorably, they should study and develope on the skill on mediate the case. Furthermore through the good mediation system, it also needs to induce the parties to participate in mediation procedure voluntarily. On the other hand, It also needs to bring up and develope the ADR institution to proceed the mediation impartially and effectively, and let them improve the mediation systems, like the Korean Commercial Arbitration Board.