재판 외 분쟁해결제도의 현상과 과제

• 영문명: Present Conditions and Issues of Alternative Dispute Resolution
• 발행기관: 충북대학교 법학연구소
• 저자명: 김원태(Kim, Won-Tae)
• 간행물 정보: 『법학연구』第22卷 第1號 (2011), 43~66쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

Given the diversity of social disputes, it is very significant to arrange various dispute resolution methods fit for the nature of the matter and the situations of the interested parties in order to earn trust in judicature from people and prevent disputes from growing serious. Alternative Dispute Resolution(ADR) is judged to be significant in that it is capable of flexible responses such as letting the user exercise his or her autonomy unlike the old strict trial process, protecting privacy and business confidentiality, resolving in an easy and fast manner, pursuing specific and valid solutions by gathering opinions of experts across many different fields, and trying to offer a solution proper for the actual situation instead of depending on the legal rights and duties. This study reviewed the Present Conditions and Issues of ADR. ADR should be a rational and legal dispute solution system based on the independent choices of the interested parties instead of a mere accident handling system. In that sense, ADR claims independent existential significance as a voluntary dispute solution system of a different type from trial, which is an official dispute solution system, instead of replacing trial. The facilitation of ADR usage depends on whether individual ADR agencies will offer service proper for the needs of users, which means that private ADR should be established solid in addition to judicial ADR. Specifically, ADR should be equipped with transparent procedures(ADR agencies should secure impartiality and neutrality and promise due process) and have a solid human resources foundation. Granting the same effect to ADR as trial conciliation is not valid according to the principle of division of powers. It is more desirable to grant ADR executive power to secure effectiveness instead of the same effect as trial conciliation even including res judicata. It is also required to offer settlement agents, mediators, and in-service training systems to establish a solid human resources foundation.

목차

Ⅰ. 머리말

Ⅱ. 민사 및 가사조정의 이용 실태

Ⅲ. 재판외 분쟁해결제도의 현상

Ⅳ. 민사 및 가사사건 ADR의 과제

Ⅴ. 맺는말

∣참고문헌∣

키워드

재판외 분쟁해결제도 가사조정 가사중재 조정에 갈음하는 결정 재판상 화해 화해권고결정 집행력 alternative dispute resolution(ADR) family mediation family arbitration court's ruling of mediation trial conciliation decision to recommend conciliation executive power