Date of Award

5-2017

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

The purpose of this research is to reconsider Korean judicial mediation as a part of alternative dispute resolution (“ADR”) and to discuss the possible legal transition of Korean judicial mediation into private sector mediation.

Similar to other states’ judicial problems, Korea has also faced overloaded case dockets, congestion of the civil process, an expensive legal process, and emotional stress on parties during the procedures. The Korean judicial authority continuously developed the Korean mediation programs, which can be categorized as court-related mediation, including court-annexed and court-connected mediations. Based on enactment of the Judicial Conciliation of Civil Disputes Act of 1990 (“JCCDA”) , the Korean Supreme Court launched the Court-annexed Mediation Center (“CMC”) as a pilot program in 2009 and expanded this program in 2011 in order to reduce the overloaded caseworks and provide better legal services to the public. This dissertation reveals that the Korean judicial authority could not achieve its goal of reducing high caseloads under the current court-annexed mediation programs. Therefore, this dissertation proposes the possibility of adopting a private mediation program while reviewing obstacles of transition into private mediation.

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