• 한국중재학회지:중재연구
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• 제17권2호
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• pp.189-219
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• 2007

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

• 무역학회지
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• 제45권1호
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• pp.31-45
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• 2020

As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

• 한국중재학회지:중재연구
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• 제11권1호
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• pp.217-245
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• 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.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.77-98
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• 2021

International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.139-163
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• 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.

• 한국보육지원학회지
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• 제19권1호
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• pp.43-67
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• 2023

Objective: This study aimed to validate a scale which could measure the correct mediation behavior of parents for their children's smart media use. Methods: The subjects were comprised of 514 parents of 5-year-old children. The collected data were analyzed using Jasp. Results: First, in the primary validation process, a total of 19 items and five factors were extracted through exploratory factor analysis. Through secondary validation process, we found that the scale model satisfies the goodness-of-fit evaluation criteria and is valid through confirmatory factor analysis. The newly constructed parents smart media mediation scale in early childhood emerged as a valid and reliable scale. Second, it was found that the more parents pursue 'active mediation', 'instructive mediation', and 'supervision', and avoid 'co-viewing', and 'technical restrictions', the more they had a positive effect on children's smart media usage capabilities. Third, the total score of smart media mediation for young children's parents was found to significantly differentiate young children's smart media overdependence, and self-regulation. Conclusion/Implications: The final smart media mediation scale for young children's parents was composed of 19 items, with five factors: 'co-viewing', 'instructive mediation', 'technical restrictions', 'active mediation', and 'supervision'.

• 한국중재학회지:중재연구
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• 제30권1호
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• pp.113-138
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• 2020

Using the Alternative Dispute Resolution (ADR) system to resolve disputes, rather than going through lawsuits, is used widely all across the world. The mediation system in the ADR has many advantages. Mediation is an ancient Chinese original dispute settlement system. The Chinese government tries to insure mediation to settle the disputes in business activities. There has been a stark increase in disputes following economic development and, in order to solve this, the Supreme People's Court has placed mediation as a priority in civil suits. In particular, China intends to powerfully move forward by building a "Moderately Prosperous Society" and to eradicate poverty as this year's economic and social development goal. Solving disputes through mediation would, above all else, be effective and be appropriate to the national development's goals. China should also provide policies that are fair and do not damage equality while it operates the mediation system.

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.157-184
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• 2004

Dispute plays a key role in maintaining the desirable trading performance. There are many problems such as problems of enforcement of arbitral award and the uncertainty of legal system in PRC. Therefore, the Korean trading companies with Chinese companies should be more concerned with mediation. It's because mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies. This article investigates some differences of mediation between ROK and PRC, and suggests the following ways to resolve dispute. First, the Korean companies should utilize the mediation in small claim but arbitration in big claim. Second, Write a contract and insert mediation clause in BCC or the standard arbitration clause in KCAB. Third, the companies should be more concerned with prevention of dispute than dispute resolution. In conclusion, to expand mediation system into an effective dispute resolution system, The Korean Dispute Resolution Center should be established.

• 한국콘텐츠학회논문지
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• 제16권6호
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• pp.550-562
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• 2016

형사조정제도에 대해 우리나라에서는 2006년 4월 대전지검 등 3개청에서 범죄피해자지원센터 주관 시범 운영되다가 2007년부터는 전국57개 지방검찰청 및 지청에서 범죄피해자센터와 형사조정제도를 본격 실시한 이래 2016년 현재는 모든 검찰청에서 형사조정제도를 운영하고 있다. 한편 검찰에서는 2009년 10월 '형사조정 실무운영 지침'을 제정하고 2010년 9월에 "범죄피해자보호법"에 그 법률적 근거를 마련하였다. 이는 형사조정이 범죄피해자 피해 회복을 지원하는 방향으로 운영되어야 한다는 것을 담고 있다고 본다. 그러나 형사조정제도의 전반적인 인프라는 어느 정도 구축되어 있다고 볼 수 있으나, 본 필자가 2007년부터 2016년 현재까지 G검찰청 형사조정위원 활동을 통하여 경험한 바로는 아직도 형사조정실 신변안전에 대한 취약 등 몇 가지 문제점이 대두된바, 본 논문에서 그에 대한 문제점을 검토하고 형사조정 실무에 알맞은 형사조정제도의 개선방안을 제시하고자 한다.

• 노동경제논집
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• 제26권1호
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• pp.53-73
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• 2003

본 연구는 노동부가 2000년에 실시한 노동위원회 조정서비스의 문제점 및 개선방향에 대한 설문조사 결과를 활용하여 분쟁조정의 성공을 좌우하는 요인이 무엇인지를 분석한다. 분석 결과를 보면 업종이 제조업이거나 노동조합이 민주노총에 소속되어 있는 경우 조정의 성공 가능성이 떨어지는 것으로 나타났다. 조정을 받았던 경험이 많은 사업체일수록 노사 당사자들의 자세가 조정 과정에서 합의에 우호적인 방향으로 바뀔 가능성은 낮고 조정안을 수락하지 않을 가능성은 높은 것으로 나타났다. 노사 당사자들이 조정위원이 공정하고 전문성을 갖추고 있다고 인식할수록 조정회의 시간이 길어질수록 조정이 성공할 가능성이 올라간다.