무역분쟁해결을 위한 각 ADR 방법들의 유용성에 관한 고찰

A Comparative Study On the Usefulness Of ADR Means In International Business Dispute In Korea

Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. The prospects of an expensive and time-consuming of litigation has prompted an effort to more efficiently facilitate an dispute settlement. In an effort to facilitate an dispute settlement, ADR(Alternative Dispute Resolution) is emersing. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of alternative dispute resolution are available in Korea: negotiation, mediation and arbitration. Each of these dispute resolution procedures can be carried out in Korea with the assistance of the Korean Commercial Arbitration Board. The negotiation is a kind of contract reached by voluntary agreement between parties to terminate the dispute through mutual concession. Mediation is negotiation carried out with the asistance of natural third party to facilitate a dispute settlement. Arbitration is a process whereby two parties agree to submit the neutral third party and carry out with his decision, known as the award. We can find the usefulness of ADR i.e. negotiation, mediation and Arbitration in different kind of trade disputes. Negotiation is useful for getting mutual interest through continuous trade. Mediation can be a useful dispute resolution when parties want to keep their trade continuously, and when the claim amount is small. Usefulness of arbitration is casily find when the claim amount is large. Arbitration is a legally -binding process.