제4차 산업혁명 시대에 있어서 우리나라 조정산업(調停産業, Mediation Industry)의 진흥을 위한 연구- 미국의 사법중재 및 조정서비스(JAMS)와 미국 중재협회(AAA)를 중심으로 -

Abstract

This paper presents the necessity of enactment for promoting mediation industry and establishment of a special mediation organization in Korea. There is increasing interest in mediation as a mechanism for alternative dispute resolution around the world. Mediation as one of alternative dispute resolutions is a significant tool in the sense that it may provide possible solutions and resolve conflicts rapidly and efficiently and creatively. It also may allow parties to keep amicable relationships with mutual concession in a more flexible way. Accordingly, we examine and discuss the current status of court-annexed , administrative, and private mediation system in Korea. With an increase of the 4th industrial revolution trend, in addition, the high-tech industry and cutting-edge techniques such as artificial intelligence(AI) is now growing very quickly and considered to be one of issues in the area of mediation to resolve conflicts among parties with standardization for mediation process in Korea. Even though there are organizations in many different ways, no official educational or training system for mediators are not established as a systematic institution. Because of that, it is necessary for mediators to play a significant role during mediation process developing in korea. For this, this article focused on matters necessary for promoting the mediation industry in Korea. In this paper, we adopt multi-perspective approach to identify, examine, analysis some factors including technical/environmental, organizational, personal, and legal/institutional aspects. With this in mind, this paper makes an attempt to compare provisions or cases in contrast with American Arbitration Association(AAA) and Judicial Arbitration Mediation Service(JAMS) in the U.S. This paper tries to provide applicable suggestions and implications by analyzing and evaluating four factors affect the enactment of the law and creation of organization for the mediation by the Korean government. Based on the analysis with recommendation of necessity of further research in this area, this paper suggests that the law and the organization be made relating to mediation with specialized and qualified mediators and a training center for them to develop mediation industry and qualitative improvement.