In these days, the global economic environment has been rapidly changed under international commercial transactions which are actively happening. As international trade market has grown actively, international commercial disputes can be more complex a...
In these days, the global economic environment has been rapidly changed under international commercial transactions which are actively happening. As international trade market has grown actively, international commercial disputes can be more complex and specialized than before.
For the people who are directly involved in these complicated kinds of disputes there's a resonable and professional way to resolve them which is called 'ADR' (Alternative Dispute Resolution).
We can prepare for various sort of commercial disputes against claims with ADR.
Since litigation has been used as the basic resolution people concerned about its lots of inconveniences like legal expense, time delay, and so on. Therefore, an alternative dispute resolution (ADR) has appeared as its substitute. The typical dispute resolution method of the ADR is mediation. Mediation is a system most frequently used in the ADR, as compared to lawsuits or arbitration, making binding decisions by a third party, problem solving can be expected with flexibility and creativity, and the parties interested in the disputes can maintain trade relations, which is a merit. This study focuses on the activation plan of Korea's Mediation System through training of disputes adjustment specialists comparing between Korea, EU countries, USA.
As a matter of fact, Korea's realities may be another reason that prevents the development of the mediation system. Thus, analyzing the status of the operation of foreign countries’advanced cases would promote the successful activation of Korea's mediation system especially, its mediation expert training and educational program.
Korea’s representative ADR organization is KCAB and it has mediation procedures ans relative rules since July 2012. Despite this effort Korea’s mediation system has no noticeable development regarding its activation around the nation. Thus through the analyzing the differences between Korean mediation and other countries’ one we can make continued efforts on training experts and opening the numerous opportunities being a mediator through simple and clear ways like taking procedures and acquiring qualification.