- 영문명
- The Efficient Education Program for the Activation of the ADR System
- 발행기관
- 한국중재학회
- 저자명
- 이강빈
- 간행물 정보
- 『중재연구』 제18권 제1호, 3~30쪽, 전체 28쪽
- 주제분류
- 사회과학 > 무역학
- 파일형태
- 발행일자
- 2008.03.30
국문 초록
영문 초록
This paper is to research the current status of ADR in Korea, the qualifications of mediator (or conciliator) and arbitrator, the ADR education program of major foreign arbitration-related institutions and the efficient management device of ADR education program for the activation of the ADR system.
In 2007, arbitration applications received at the Korean Commercial Arbitration Board numbered 320 and the amount involved those cases was US$ 216 millions. Mediation applications received at the KCAB numbered 552 and the amount involved those cases US$ 29millions. As of December 2007, the total numbers of arbitrators on the KCAB Panel of Arbitrators was 978.
There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration and Arbitration Act of Korea. The KCAB has the consolidation regulation of the Panel of Arbitrator of which purpose is to regulate the criteria and procedure regarding the drawing up and maintenance of the panel of arbitrators. The UK Chartered Institute of Arbitrators has the criteria and qualifications for membership of which three grades are associate, member and fellow. The American Arbitration Association has the qualification criteria for admittance to the AAA National Roster of Arbitrators and Mediators. The Japan Association of Arbitrators has the official authorization regulation for membership of which three grades are special associate, ordinary associate and fellow.
The UK Chartered Institute of Arbitrators has the ADR education programs which are composed of the mediation courses and arbitration courses. The American arbitrators Association has the ADR education programs which are composed of in-person training and online training. The Japan Association of Arbitrators has the ADR education programs which are composed of the cultivation courses of conciliator and the practical training courses of arbitrator.
The efficient management devices of ADR education program are as follows: the execution of official authorization system of arbitrator, the establishment of specialized division for training and official authorization, the establishment of ADR regular training courses, the publication of ADR training texts and obtaining of instructors, and the consolidation of regulations related to the official authorization of arbitrator and ADR training. In conclusion, for the activation of ADR system, the KCAB and Korean Association of Arbitrators should make further effort to provide the ADR regular education and training programs for potential and practicing conciliators and arbitrators.
목차
Ⅰ. 서론
Ⅱ. 우리나라의 ADR사건 현황
Ⅲ. 조정인 (알선인) 및 중재인의 자격제도
Ⅳ. 주요 중재관련기관의 ADR 교육프로그램
Ⅴ. ADR 교육프로그램의 효율적 운영방안
Ⅵ. 결론
참고문헌
Abstract
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