• Journal of Arbitration Studies
• /
• v.23 no.2
• /
• pp.115-139
• /
• 2013

In the area of legal studies, negotiation can be taught as a profession skill in legal matters such as making negotiating a contract or resolving disputes including alternative dispute resolution. Given recent changes in the legal services market such as the opening of the market, expected higher competition in the legal profession and a high expectation for lawyers' role in society, negotiation skills are an important element of legal expertise that should be developed in law schools. The main purpose of negotiation training should be to make law school students aware of their role as lawyers to help their clients resolve their problems using their legal expertise and negotiation skills in an appropriate and effective way.

• Journal of Arbitration Studies
• /
• v.24 no.1
• /
• pp.111-132
• /
• 2014

Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

• Journal of Arbitration Studies
• /
• v.30 no.1
• /
• pp.87-111
• /
• 2020

Smart contracts are implemented by blockchain technology, which stores the terms of the contracts of both parties on the blockchain. In the event of an international dispute over smart contracts and blockchains, no special solution has been proposed, such as the enactment of the International Unification Act. The blockchain platform which operates smart contracts is decentralized and operates through distributed nodes around the world without central servers, making it difficult to establish jurisdiction and governing laws. As an alternative to traditional dispute-solving methods, a new mediation model-smart arbitration-is being attempted. The arbitration process is likely to be a preferred means of resolving disputes over smart contracts in practice. There are many problems, such as the fairness of the arbitration center on the selection and judgment of arbitrators, the question of securing reliability, the question of the validity of the arbitration agreement, and how much the court can be involved in the case. Preparations at the national level, such as fostering blockchains and smart contract experts, and overhauling the legal system, are needed.

• Journal of the Korean Regional Science Association
• /
• v.12 no.2
• /
• pp.79-97
• /
• 1996

Local dispute resolution has evolved in response to the need for effective ways to cope with the increasing numbers and types of local disputes. Where resources are limited, where the activities of individeuals or communities affect other individuals or communities, and where interests deviate or compete, disputes are likely to emerge. Efforts to resolve local disputes vary in their particulars but generally have certain elements in common. Therefore, this study focuses upon the fundamental directions and strategies for resolving local disputes. More specifically, the purpose of this study is to examine the causes of local disputes, to suggest fundamental directions for resolving local disputes, and then to explore the strategies for resovling local disputes. In the face of rising local disputes, planners need to become more aware of the possibilities for consensual dispute than one potential path to consensus. In spite of this variability, desirable strategies in local dispute resoultion processes can be identified.

• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.263-290
• /
• 2004

Dispute plays a key role in maintaining the desirable performance of trade transaction. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of chinese dispute resolution system is a necessary requirement for successful business operation with chinese companies. This article analyzed and compared with the ways of trade disputes settlement system such as negotiation, mediation, arbitration and litigation in China in order to help the Korean traders who enter into business with the chinese companies to settle their disputes efficiently. This article suggests that two methods of negotiation and mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies because of problems of enforcement of arbitral award and the uncertainty of China's legal system.

• Journal of Arbitration Studies
• /
• v.23 no.2
• /
• pp.37-54
• /
• 2013

This article focuses on integrating institutional mediation systems, especially the analysis of the leading ADR operation. Mediation is a process in which an impartial third party, a mediator, facilitates the resolution of a dispute by promoting voluntary agreements by the parties to the dispute. A mediator facilitates communications, promotes understanding, focuses the parties on their interests, and seeks agreement. These standards give meaning to this definition of mediation. Standard mediation clauses are construed as broadly as possible, and mediation is compelled unless it may be said with positive assurance that the mediation process is not susceptible to an interpretation that covers the asserted dispute. Performing the conflicts check early in the process helps in eliminating any awkwardness or delays caused by making disclosures after mediation commences. Mediator impartiality is central to the mediation process. A mediator should mediate only those matters in which she or he can remain impartial and evenhanded. If at any time the mediator is unable to conduct the process in an impartial manner, the mediator is obligated to withdraw.

• Journal of Arbitration Studies
• /
• v.18 no.3
• /
• pp.139-163
• /
• 2008

The Collective Dispute Mediation was introduced to Korea with complement the Verbandsklage which was said to be poor at monetary compensation for consumers' damages. and The Collective Dispute Mediation also seems very likely to the class action, but one can resolve the dispute before filing a law suit under the Collective Dispute Mediation. The validity of the Collective Dispute Mediation is the same as the "settlement in court". After reaching the Collective Dispute Mediation, one may have a right to ask the compulsory execution. Under the Collective Dispute Mediation the damaged party must take part directly in the dispute, because the Collective Dispute Mediation is also included in the dispute resolution. Therefore a problem that how can the damaged consumer, who do not directly take part in the dispute process, get the remedy alternatively may arise. However, this problem is solved by Compensation Plan Letter which is described in the "Framework Act on Consumer". By the Compensation Plan Letter, the person who do not directly take part in the dispute process can be remedied ex post facto(Article 68). This thesis is study on The Function and Task of Collective Dispute Mediation in the Framework Act on Consumer in our state.

• International Commerce and Information Review
• /
• v.14 no.3
• /
• pp.49-73
• /
• 2012

India is a gigantic market with a population of 1.2 billion and an economy that is growing at the second-fastest pace in the world. The volume of trade between India and Korea has been sharply increased with the increase of dispute since 2000. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of Indian dispute resolution system is a necessary requirement for successful business operation with Indian companies. This article analyzed and compared with the various ways of Indian ADR such as negotiation, mediation, conciliation, Lok Adalat and arbitration in order to help the Korean traders who enter into business with the Indian companies to settle their disputes efficiently. In conclusion, this article suggests the following ways to overcome problems of dispute with Indian companies: First, the Korean companies should recognize the characteristics of Indian ADR Ways respectively. Second, the Korean companies should utilize the conciliation or the mediation in small claim but arbitration in large claim. Third, Write a contract and insert the KCAB's standard arbitration clause in their contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.27-57
• /
• 2013

Traditionally construction has been an industry that favoured ADR over formal litigation due to the complexity of technical issues. However, over the past decade construction arbitration has come under increasing attack for its rising costs and growing delays, and expansion of arbitration processes to the point that those processes are approaching the more complex and formal processes followed to resolve disputes litigation. As a result, parties are looking for new methods of resolving their disputes in a more efficient and economical manner, such as ODR. A review of the history of ODR and the practical applications of ODR in use today lead to the conclusion that the concept of ODR for construction dispute resolution appears to be possible and realistic. The advantages seem to outweigh the disadvantages, especially given the solutions suggested to overcome many of the disadvantages. While ODR may not be a realistic venue for large complex construction cases, it may be just the ideal venue for smaller and simple construction disputes. In conclusion, given the advantages that ODR arbitration does offer, the most realistic use of ODR in the short term would involve disputes consisting of a simple, one-dimensional dispute within which the parties can stipulate to the facts in the case. In such simple disputes ODR may be not only an appropriate vehicle within which the dispute can be resolved; it might be more easily accepted by the parties as the preferred platform for resolution. Hopefully, international institutions of arbitration will be successful in their development of a international standards and platform fir disputes that can be adapted for use in construction and will serve as the first step in developing ways to handle small construction claims, thereby allowing parties to resolve their disputes in a faster and more economical manner.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.329-332
• /
• 2001

Alternative dispute resolution(ADR) techniques, like negotiation, arbitration, meditation, have been used to resolve dispute in Korea construction industry with litigation. Nowadays, in construction, there are growing numbers of disputing cases, because of the different viewpoint of the owner and the constructor, great demand of opening market, and bad construction business situation. As the name implies, ADR plays an important roles after disputes have already arisen. This paper suggests the one of the solutions that prevents disputes befor they have been occurred. There are some proves that the partnering has a substantial effect on reducing disputes and time reduction and improving communication among the parties. This paper proposes the partnering model for the one of preventive methods to solve disputes.