재판 외의 분쟁해결제도에 대한 반추

Increasing complexity and diversity of the current society has resulted in the diverse and various types of disputes, and, therefore not all disputes can be set-tled efficiently by means of court adjudication which applies a law strictly. To overcome such problems, we need to make use of ADR implying all methods for resolving dispute without resorting to litigation. There are various types of ADR. The basic forms of ADR can be classified as negotiation, mediation and arbitration. Hybrid forms may also derive from basic forms. In Korea, currently negotiation, mediation, inter-mediation, settlement, ar-bitration and so on are used in ADR fields. The best way to apply ADR, however, should be dealt with much caution and careful consideration since the matter cannot be discussed uniformly. Most importantly, judges and lawyers should come to appreciate ADR when applying it to an individual case properly. It is advised that they are well equip-ped with the full knowledge on the subject in order to play such a vital role in the court. In a situation where a judge interprets that the application of law is not suited for the solution of a dispute, he or she has to take a role of not an umpire but an adviser for the dispute. Also, a lawyer must inform the avail-ability of ADR as means of settling dispute to a client and persuade the client to take advantage of ADR when necessary. It is recommended that the college of law offers ADR course to its students, and operates a ADR training program for judges and lawyers. ADR is institutionalized in a systematic manner and based on public sentiment. Moreover, a group of experts on diverse sections of the society has to participate in ADR. Because general public is a stranger to ADR, a public rela-tions campaign is to be widened.