민간형 조정제도 활성화에 관한 연구

A Study on the Revitalization of Private Mediation System - Les ons from the Italy’s recent Via-Mediation mechanism-

As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is al eged that dispute resolution by court proce dings has certain limits and setbacks. Therefore, it is commonly sug ested that mediation by a qualified mediator should come as an alternative method, and there have be n many at empts to establish and provide mediation service in the courts and government authorities. To comply with a party s autonomy, which is the es ential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shal take the initiative. In the meantime, despite a number of academic research and at empts to increase the awarenes and use of mediation nationwide, we have not yet se n meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting Legislative Decre No. 28/2020 fol owing the Directive 2008/52EC of the European Parliament and encouraging the so-cal ed via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shal be particularly noted that Italy s mediation proce dings have certain traits, including preliminary mediation me tings, mandatory involvement of legal counsel, and tax benefits for the set led cases by mediation. Italy s ef orts would provide people with meaningful les ons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources inef icient ways, institutions ne d to develop practical measures to increase the number of civil and commercial disputes in the mediation proce dings. To that end, legislative ef orts to enact relevant laws neces ary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators ne d to start soon.