ADR 활성화를 위한 개선방안

ADR(Alternative Dispute Resolution) is a very beneficial system since it has di-verse and adequate programs for settling disputes. Besides, it can reduce courts caseload. Basically, courts in Korea allows two kinds of mediations pursuant to Civil Mediation Act of 1990. First, judges in charge of cases can mediate disputes at any stage of litigation before rendering judgments. Second, mediation committee composed of a judge and non-judge panels can provide mediation. Although mediation by judges is a quite prevailing and effective system, that kind of mediation has a possibility of losing neutrality and fairness, of which par-ties or their attorneys increasingly complain these days. To avoid these problems, courts should set a boundary for judges role in me-diation and in case of going beyond the limit, courts should refer the cases to other ADR programs including mediation committee that can be relatively more neutral. In other words, courts should not consider the mediation by judges over cases that are regarded inappropriate for ADR ; for example, cases involving constitu-tional or public policy issues and causing questions about neutrality due to rela-tions between parties or their lawyers and the judges. To facilitate the role of a mediation committee, courts need to make much more simple, standardized, and flexible operating systems;, emphasize rules such as confidentiality and the separation of judge and mediator;, and develop various ADR programs using non-judge panels. In this vein, courts should make a new and strict principle so that mediations are provided by neutrals, not by judges because mediations are different from lit-igation in its nature. On the other hand, to support arbitrations of KCAB(The Korean Commercial Arbitration Board, the only arbitraion institute in Korea, so far), courts need to make up rules and review process with respect to arbitration procedure. And in the long run, it would be desirable that diverse and practical ADR programs be invented outside courts and interact with courts programs in such a way that facilitate dispute settlement procedures.