민사조정의 운영실태와 그 활성화방안에 관한 법사회학적 연구 -광주 및 전남지역의 법원을 중심으로

The Legal Sociological Study on the Reality of Civil Mediation and it s Activating Policy - in Jurisdiction of Gwangju & Chonnam District Court -

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator s recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not spring evaluations on anyone in a mediation without your permission (e.g. a mediator should never say your case is worth \ OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way For this study, I research with legal sociological approach using Korean Judicial Year Book, judicial document and my experience as meditator in Kwangju District Court.