Mediation in South Korea

Autor/innen

  • Sae Youn Kim Kim & Chang; International Arbitration & Cross-Border Litigation
  • Joonhak Choi Seoul National University

DOI:

https://doi.org/10.52028/rbadr.v5i9.ART08

Abstract

In Korea, there is a common notion that mediation is conducted mostly by the court, and many civil disputes are in fact handled by court-annexed mediations. Court-annexed mediations are commenced either by the parties’ application or when the court hearing a litigation case decides to refer it to mediation. Mediation cases are handled by a designated mediation judge in each court, but the judge may appoint a standing mediation member or a three-member mediation committee to mediate the case instead. When a court hearing a litigation case decides to refer the case to mediation, it may also determine to conduct mediation by itself instead of sending the case to a designated mediation judge. A successfully concluded mediation will be recorded as a “record of voluntary mediation”, and such record is granted the same effect as a final and conclusive judgment. Meanwhile, private mediations that are conducted outside the court as well as international mediations are prevalent in Korea as yet, but interest in those fields is recently growing among legal practitioners.

Autor/innen-Biografien

Sae Youn Kim, Kim & Chang; International Arbitration & Cross-Border Litigation

Partner at Kim & Chang and Senior Member of International Arbitration & Cross-Border Litigation. She practises primarily in the areas of international litigation and arbitration with an emphasis on commercial and international law. Sae Youn previously served as a judge at various Korean district courts and practised with major Korean law firms. She also sits as an arbitrator and is recognised for her expertise in international dispute resolution. Sae Youn holds various memberships, including the KCAB International Arbitration Committee and the ICC Court. She also served as a Commissioner of the Korea Trade Commission and a Vice-Chair of the Arbitration Committee of the International Bar Association and is a Co-Chair of the Dispute Resolution and Arbitration Committee of the Inter-Pacific Bar Association.

Joonhak Choi, Seoul National University

Attorney at Kim & Chang’s International Arbitration & Cross-Border Litigation Practice where he focuses on international commercial and international investment treaty arbitration. He has represented clients in complex international disputes under various arbitral rules (including the ICC, SIAC, KCAB, and UNCITRAL rules). His experience spans a broad range of fields, including energy, construction, insurance, private equity, distributorship and pharmaceuticals. Joonhak received his J.D. from Seoul National University, School of Law and his undergraduate degree in economics also from Seoul National University. Outside of practice, Joonhak is a prolific writer and has published his works in The Investment Treaty Arbitration Review.

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Veröffentlicht

2023-12-28

Ausgabe

Bd. 5 Nr. 9 (2023): Jan./Jun.

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