미국 법원연계형 조정의 운영과 시사점

• 발행기관: 한국민사소송법학회
• 저자명: 함영주
• 간행물 정보: 『민사소송』제14권 제2호, 149~192쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.11.30

영문 초록

Court-annexed mediation reform is being discussed by the Korea Supreme Court and some scholars in Korea. This idea originates from the analysis that Korea’s court-mediation[민사조정(民事調停) in Korean] is totally different kind of mediation in contrast with western country’s mediation. Many Korean scholars and judges says that Korea’s court mediation is actually modified kind of judgment[재정(裁定) in Korean]. Korea’s court judges are supervising the same civil case with a mediator and adjudicator successively. The same judge could be a mediator continuously after the judicial process changed into mediation. After the court mediation process finished, the same judge who supervised mediation as a mediator could adjudicate again the case with a judge. Many lawyers and legal professionals are suspicious about judge’s role in court-mediation and trial. These two roles and two processes are contradictory each other by its own characteristics. Korean judges are forced to finish his case into a mediation in a very short time by the judicial authorities. The rate of mediation is a very important requisites of judge’s performance assessment with a promotion standard. Due to this circumstances, judge’s mediation could be coercing to the parties and lawyers. According to this background, this paper has researched on court-annexed mediation in New York city. Eastern District of New York Federal court and New York county court were selected as a sample of American court-annexed mediation. Strict separation of mediator and judge’s roles are more precisely investigated and focused. The characteristics of confidentiality, impartiality, disqualification of mediators are also reviewed. This paper also introduced the important role of magistrate judges in the Eastern District of New York Federal court. This paper could be helpful to prepare for Korea’s general dispute resolution act and to make differentiated mediation process in contrast with Japan’s ADR promotion act.

목차

Ⅰ. 미국 ADR제도에 대한 사례연구의 필요성

Ⅱ. 미국 ADR의 발전과정 및 다양성

Ⅲ. 미국 뉴욕연방동부지방법원의 법원연 계형 조정(court-annexed mediation)

Ⅳ 뉴욕 주(New York State) 뉴욕카운티 법원의 조정(또는 ADR)프로그램

Ⅴ 결어; 우리 법원 민사조정제도 운영에서 참고할 점에 대한 검토를 겸하여

참고문헌

키워드

분쟁해결방법론 법원연계형 조정 부판사 연방지방법원판사 동석조정 별석조정 비밀유지(보안) 자격박탈 법복에서 나오는 권위 멀티도어 코트하우스 1990년 민사사법개혁법 소송대체분쟁해결법 뉴욕동부연방지방법원 뉴욕카운티 주법원 조기중립평가 이해관계의 충돌(상충) 조정 전 전화회의 Dispute Resolution court-annexed mediation magistrate judge district judge joint session caucus confidentiality disqualification the authority of the robe multi-door court house The Civil Justice Reform Act of 1990 ADR법 The Alternative Dispute Resolution Act of 1998 E.D.N.Y. New York County Court early neutral evaluation conflict of interests premediation conference call