Nondisclosure, classified as a general characteristic of alternative dispute resolution (ADR), has the advantage of enabling smooth dispute resolutions by enabling free communication and discussion between neutral parties in disputes. The mediation sy...
Nondisclosure, classified as a general characteristic of alternative dispute resolution (ADR), has the advantage of enabling smooth dispute resolutions by enabling free communication and discussion between neutral parties in disputes. The mediation system of the Press Arbitration Commission, a representative ADR organization on media disputes, is also closed in principle according to Article 19(8) of the Press Arbitration Act. However, the parties to press mediation continue to arbitrarily distort and publish mediation results, undermining the principle of nondisclosure of mediation procedures. Furthermore, it is possible to continuously witness that the original function of the press mediation system is overshadowed, such as disputes leading to more mediation cases or becoming lawsuits. This study discusses the dispute aspects and issues caused by the distortion of the mediation results by the press mediation parties, summarizes the matters that the mediation parties should pay attention to concerning the mediation result disclosures, and proposes matters that need to be improved at the practical and institutional levels. As a result, the pattern of disputes due to the distortion of the media mediation result was classified mainly into (1) the distortion of the case outcome’s type, (2) the distortion of the case’s outcome, (3) the distortion of the case’s progress, and (4) publishing reports denying the mediation’s content while implementing agreements. The reasons for the distortion of mediation results being different from the facts appear to be the motivations to interpret the outcomes of disputes in their favor by grasping the mediation procedure as a confrontation structure, such as an initial lawsuit. Arbitral tribunals need to imprint precautions related to the disclosure of the mediation procedure and the disclosure of mediation results on the mediation hearing date to prevent mediation result distortions. Measures like stating the details of the nondisclosure of the mediation in the mediation agreement may also be considered. Even if the parties inevitably announce the mediation results, they must be handled carefully based on a clear understanding of the legal meaning, and if a third party reports the mediation results between the parties, going through faithful coverage of both parties is safe. In terms of institutional effectiveness, it is believed that the sanctions on the distortion problem in the mediation process will be reflected in individual laws governing each mediation system or implemented through the enactment of the ADR Framework Act.