부동산 분쟁해결을 위한 민사조정위원회의 합리적 운영방안에 관한 실증연구

An Empirical Study on the Effective Operation of the Civil Mediation Committee to Settle Disputes over Real Estates - Primarily Based on the Mediation Committee of Busan High Court -

One of social phenomenons in a modern society is a growing number of disputes over various and complicated issues. Korea is not an exception. The causes of many filed lawsuits are not because of legal disputes but because of emotional skirmish. These cases are usually appealed to the Supreme Court, which is considered as social malfunction. The mediation system has been well received as a means to help give a fair judgement on the cases, and it is now a system commonly applied in settling disputes. In this study, we investigated how the Mediation Committee of Busan High Court is operated. In order to find out what roles and responsibilities the mediation system should perform to settle frequently occurring disputes over real estates, we used the SPSS Win 21.0, a statistical program and conducted survey targeting 100 mediators, 70 plaintiffs and defendants and 70 members of the court including judges and administrative staff. Based on the survey result, we carried out frequency analysis and cross tabs. As a dispute over real estate reflects the distinct characteristics of a region, it is highly possible to recruit local residents as mediators to settle the case. The mediation system helps litigants rebuild relationships, bring about a reconciliation and resolve conflicts. When the system works out between a plaintiff and a defendant, it means that the case comes to an end. In this sense, the mediation system is highly effective in facilitating the final judgment. In the future, the courts need to make more efforts not only for the institutional improvement but also for effective operation of the Mediation Committee.