‘중재연구’ 30년간의 연구동향 분석

Analysis of Research Trends in the 30 Years of ‘Journal of Arbitration Studies’

Civil and commercial disputes can be resolved through alternative dispute set lement systems other than court proce dings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agre ment betwe n the parties. The arbitration proce dings shal have the same ef ect as the result of the final judgment by the decision of a third-party arbitrator, and its es ence is a judgment. The Korean Arbitration As ociation Studies was founded in December 19 0 to recognize the importance of arbitration procedures and conduct specialized research on them, with profes ional research on ‘arbitration procedures’ continuing until today. Thus, the Korean Arbitration As ociation Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration As ociation Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a mat er of dispute procedures related to trade and commerce and many scholars who research trade and commerce ne d to prepare for pos ible disputes. In ad ition, the arbitration procedure is a dispute set lement procedure that substitutes for litigation because it has research value as a legal system. In particular, the ‘Journal of Arbitration Studies’ published by the Korean Arbitration As ociation plays a role in mediation, as wel as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in ‘Journal of Arbitration Studies’, an academic journal of the Korean Arbitration As ociation Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitratio As ociation Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it lo ked at what methodology was used to study intervention at the methodological level. Third, it as es ed what countries and regions had be n mainly studied at the regional level. Fourth, in terms of content, what kind of research had be n mainly conducted and what kind of research was relatively insuf icient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of ‘Journal of Arbitration Studies’ in the future.