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Measures for ADR Activation of Gender Disputes in Korea

한국 성차분쟁(Gender Disputes)의 ADR 활성화 방안

  • Received : 2015.09.18
  • Accepted : 2015.11.19
  • Published : 2015.12.01

Abstract

As women's social advance had accomplished improvements to standard of living and equal employment, new forms of dispute such as gender inequality, sex crimes, and divorce rate increases have begun to generate. Disputes between men and women are desirable to settle by ADR rather than by traditional litigation owing to difficulties of legal resolution, cost and time, need for amicable dispute, etc. This study aims to reveal whether there is a relationship between ADR and gender. Through review of previous articles, this study finds that gender difference makes a visible difference depending on case type, context, and sex role of participants. For example, women were selected as mediators and arbitrators in non-monetary and small-claims disputes, family, labor, and consumer disputes and men were selected in large-scale disputes and construction, corporate and commercial, and intellectual property disputes owing to differences of experience and professionalism. Women were relatively frequently selected as mediators owing to active communication skills and men were selected as arbitrators because of decision-making skills.