• Journal of Arbitration Studies
• /
• v.31 no.1
• /
• pp.129-154
• /
• 2021

As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is alleged that dispute resolution by court proceedings has certain limits and setbacks. Therefore, it is commonly suggested that mediation by a qualified mediator should come as an alternative method, and there have been many attempts to establish and provide mediation service in the courts and government authorities. To comply with a party's autonomy, which is the essential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shall take the initiative. In the meantime, despite a number of academic research and attempts to increase the awareness and use of mediation nationwide, we have not yet seen meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting 'Legislative Decree No. 28/2020' following the 'Directive 2008/52EC' of the European Parliament and encouraging the so-called via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shall be particularly noted that Italy's mediation proceedings have certain traits, including preliminary mediation meetings, mandatory involvement of legal counsel, and tax benefits for the settled cases by mediation. Italy's efforts would provide people with meaningful lessons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources' inefficient ways, institutions need to develop practical measures to increase the number of civil and commercial disputes in the mediation proceedings. To that end, legislative efforts to enact relevant laws necessary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators need to start soon.

• Human Ecology Research
• /
• v.56 no.5
• /
• pp.461-472
• /
• 2018

Using a sample of third grade middle school students from the forth wave of Children and Youth Panel Survey in 2012, the mediation effects of private educational expenditure between parenting styles and children's academic performance were investigated by applying factor, cluster, tobit, and two stage regression analysis. The major results were as follows. First, four types of parenting style were identified. The most frequent parenting style was ambivalent parenting (tiger parenting) which was followed by authoritative parenting. Second, compared to permissive parenting style, ambivalent, authoritative, and authoritarian parenting styles were significantly associated with more private educational expenditures. Third, more private educational expenditures were significantly associated with higher academic performance of children. I found both a full mediation effect of private educational expenditure for ambivalent and authoritarian parenting styles, and a partial mediation effect for authoritative parents. Authoritative parenting style has a negative moderating effect on the relationship between household income and private educational expenditure, along with a positive direct effect on the academic performance of children. The results suggested that an authoritative parenting style was related with higher academic performance of children with less private educational expenditures compared to other parenting styles. The results also implied that the public policies to enhance authoritative parenting style among parents would be effective to reduce household's private educational expenditures.

• Journal of Arbitration Studies
• /
• v.27 no.2
• /
• pp.121-142
• /
• 2017

A study on the global trend of accreditation for mediators implies many important aspects of controlling of the quality of mediation. Firstly, whether or not having an accreditation system, most European countries and the U.S. have a common understanding on the fact that mediators need to be trained to mediate disputes, apart from their own expertise on the subject matters. Secondly, private-led accreditation has been utilized in countries having a Anglo-American law system such as the United Kingdom and the U.S. a while nation-managed one has been operated in the countries having a continental law system such as Austria, Belgium, Italy and Germany. Thirdly, private mediation service providers (usually institutions or companies) play an active role in the training and accreditation of mediators and further make them act as mediators in the disputes referred to them. Fourthly, the countries having a nation-managed accreditation system usually stipulate a certain mediation training and accreditation requirement by law. Fifthly, there is no uniform trend on the minimum hours of training required for accrediting the mediators. Sixthly, mediation training generally focuses on the practical mediation capacity-building, including mediation theory and role-playing, mediation simulations, peer review and supervision. And finally, the mediation theory mainly includes the role of mediator, mediation procedures, mediation communication, negotiation and communication skills, mediation ethics and mediator's code of conduct, etc.

• Journal of Arbitration Studies
• /
• v.20 no.3
• /
• pp.71-91
• /
• 2010

ADR is alternative dispute resolution that includes mediation, adjudication, arbitration, conciliation and ombudsman schemes. ADR may be an alternative to going to court or to a tribunal. The main types of ADR are conciliation, arbitration or mediation and ADR is divided into national leading ADR and private lading ADR and national leading ADR includes court-annexed ADR and administrative ADR. Court-annexed ADR has become a well established feature of the judicial systems on a global basis. The bulk of court-annexed ADR in Glove is by way of mediation. Thus each nation takes part in ADR by court involvement and Enactment of ADR-related Laws. And the involvement of nations have both the regulative character and promotive character in ADR. In addition to the national leading ADR, the private leading ADR also must be activated as United Kingdom. Thus this paper deals with national leading ADR and private leading ADR and the purpose of this paper is to contribute to the activation of ADR by studying the promotion and limited the involvement of nation in ADR and private leading ADR in United Kingdom.

• Journal of Information Technology Services
• /
• v.21 no.3
• /
• pp.27-42
• /
• 2022

Open Data is an essential resource for the data industry. 'Act On Promotion Of The Provision And Use Of Public Data', enacted on July 30, 2013, mandates public institutions to manage the quality of Open Data and provide it to the public. Via such a legislation, the legal basis for the public to Open Data is prepared. Furthermore, public institutions are prohibited from developing and providing open data services that are duplicated or similar to those of the private sector, and private start-ups using open data are supported. However, as the demand for Open Data gradually increases, the cases of refusal to provide or interruption of Open Data held by public institutions are also increasing. Accordingly, the 'Open Data Mediation Committee' is established and operated so that the right to use data can be rescued through a simple dispute mediation procedure rather than complicated administrative litigation. The main issues dealt with in dispute settlement so far are usually the rights of third parties, such as open data including personal information, private information such as trade secrets, and copyrights. Plus, non-open data cannot be provided without the consent of the information subject. Rather than processing non-open data into open data through de-identification processing, positive results can be expected if consent is provided through active rights processing of the personal information subject. Not only can the Public Mydata Service be used by the information subject, but Open Data applicants will also be able to secure higher quality Open Data, which will have a positive impact on fostering the private data industry. This study derives a plan to establish a rights processing platform to enhance the usability of Open Data, including private information such as personal information, trade secrets, and copyright, which have become an issue when providing Open Data since 2014. With that, the proposals in this study are expected to serve as a stepping stone to revitalize private start-ups through the use of wide Open Data and improve public convenience through Public MyData services of information subjects.

• Journal of Arbitration Studies
• /
• v.11 no.1
• /
• pp.217-245
• /
• 2001

Like traditional commerce, disputes are bound to arise in the course of conducting an e-commerce transaction. At present of June 30, 2001, 259 cases of dispute on e-commerce have been applied for the mediation of Electronic Transaction Dispute Mediation Committee, types of them are 170 cases of delayed delivery of commodity, 21 cases of contract cancellation and refund, 16 cases of personal information protection, 16 cases of false and exaggerated advertisement, 14 cases of commodity defect. The settlement systems of e-commerce dispute are litigation and Alternative Dispute Resolution(ADR). ADR encompasses mediation, arbitration, and similar private tools for resolving disputes. ADR offers many perceived advantages. Speed of resolution and low cost are often cited as the primary benefits. Therfore e-commerce disputes may be settled more effectively by litigation. The settlement systems of e-commerce dispute by ADR are the mediation of Electronic Transaction Dispute Mediation Committee, the mediation of Consumer Dispute Mediation Commercial Arbitration Board, and the arbitration of Korean Commerical Arbitration Board. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR opetation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate.

• The Journal of the Korea Contents Association
• /
• v.16 no.4
• /
• pp.250-261
• /
• 2016

This study was conducted to verify the mediation model of private self-consciousness on game addiction and aggression. Data from 439 boys were included in the analysis. The results are as follows. First, correlation analyses revealed that game addiction was positively correlated with aggression and private self-consciousness. Private self-consciousness was also positively correlated with aggression. Considering two factors of private self-consciousness, game addiction showed a significant positive correlation only with self-reflectiveness factor. Although two factors of private self-consciousness showed positive correlations with game addiction, regression analyses revealed that self-reflectiveness was the significant predictor of aggression. Second, the structural equation analyses showed that private self-consciousness, especially self-reflectiveness was found to partially mediate the influence of game addiction on aggression. Finally, limitations of this study and suggestions for further study were discussed.

• Korean Security Journal
• /
• no.37
• /
• pp.165-195
• /
• 2013

Today, the importance of social capital is emphasized in modern industry as the third capital. Social capital involves "trust and norms for members" and "social network" related to effective human resource management, which is being investigated actively by many researchers. However, It is difficult to see the report on the social capital of private security industry employees. So, this report suggests effective management practices of employees through the empirical analysis on the relationship between social capital and job satisfaction with a focus on the role of mediation for job characteristics. For the most, this research through analysis on relationship between social capital and job satisfaction shows that of the components of social capital, trust and networks influence effect on job satisfaction significantly. Secondly, as result of analysis on role of mediation for job satisfaction, importance of job involved in job characteristics has an effect of mediation. This result of empirical analysis menas that the pressure of private security industry employees is reduced and cooperation which is based on social capital is need through members' trust and social network. Therefore, the strategy of management about private security industry employees should be considered for both activation of social capital and maintenance.

• The Journal of the Korea Contents Association
• /
• v.16 no.11
• /
• pp.166-178
• /
• 2016

The study aims at verifying the effects of private donors' emotional or demonstrable utility on their mental health with the mediation effect of self-acceptance and the moderation effect of the gratitude for their lives. As a result of causal analysis of the variables by structural equation models, the notable findings are as follows: First, among the group of private donors with increased gratitude for their lives through sponsorship, while emotional utility from donative activity has a positive effect on donor's mental health, demonstrable utility does not have it. The indirect effect of self-acceptance is proved between emotional or demonstrable utilities and mental health. Second, among the donors without increased the gratitude, emotional utility has direct effect on donor's metal health but demonstrable utility does not affect the metal health. While the self-acceptance shows a full mediation effect between demonstrable utility and mental health, emotional utility has no mediation effect. In conclusion, the moderating effect of the gratitude for their lives is empirically proved and the donors who their gratitude for life has increased due to donative activity show better metal health, self-acceptance level, higher emotional and demonstrable utility, therefore, the gratitude for life is a key for metal health through donation.

• Journal of Arbitration Studies
• /
• v.29 no.3
• /
• pp.39-52
• /
• 2019

There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.