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박하윤 ( Park Ha Yoon ) 한국협상학회 2017 협상연구 Vol.20 No.1
This study is based on the economic analysis of law and the theory of judicial economy with respect to negotiation. Negotiation is a process of reaching an agreement between two conflicting parties. It can be said to play the role of a method of dispute resolution or an alternative dispute resolution(ADR). Negotiation has been studied in various disciplines, such as law, business, administration, public administration, economics, politics, diplomatic science and psychology. Among them, examining the role of negotiation in law, it is deemed necessary to study negotiation through economic analysis of law from the viewpoint of litigation, that is, efficiency of litigation. Therefore, the author investigated research materials about negotiation as Law and Economics or negotiation as economic analysis of law, and learned that there are not a lot of basic researches related to negotiation and judicial economy. Negotiation was divided into the civil procedure area and the criminal procedure area. In the civil procedure area, the necessity of researches was examined from the viewpoint of efficiency of litigation with respect to delay of litigation due to indiscriminate litigation and large-scale class action suits between enterprises or between regions. On the other hand, in the criminal procedure area, the plea bargaining was examined. Negotiation was expected to play the role of closing the criminal procedure early. Negotiation was analyzed through the economic analysis of law from the viewpoint of efficiency of litigation, and future forecast and tasks were examined.
퍼실리테이션과 협상의 협력적 분쟁해결 -갈등과 분쟁해결의 사례를 중심으로
구기욱 ( Koo Gie Wook ),박하윤 ( Park Ha Yoon ) 한국협상학회 2016 협상연구 Vol.19 No.2
A case of conflict resolution applied with facilitation method is introduced. The concept of facilitation and Negotiation is compared with conventional alternative dispute resolutions. This study explains how facilitation method worked on the collaborative resolution of conflict among street benders, shop owners and city government in a commercial district embracing around 400 stores. This researchers identified 6 principles for the collaborative conflict resolution formulated from the case and other practices. The positive view on the human nature is considered as fundamentals of successful facilitation practice. Discussions on challenges against facilitator training illustrates and suggests that experienced and effective facilitators play main role for the realization of collaborative conflict resolution.