Mediation in South Korea

Auteurs-es

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

DOI :

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

Résumé

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.

Bibliographies de l'auteur-e

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.

Références

AWAD, Dora R. Mediação de conflitos no Brasil: atividade ou profissão. Revista Brasileira de Alternative Dispute Resolution – RBADR, , Belo Horizonte, v. 2, n. 4, p. 57-66, 2020.

BRAGANÇA, Fernanda; NETTO, Fernando G. M. O protocolo familiar e a mediação: instrumentos de prevenção de conflitos nas empresas familiares. Revista Brasileira de Alternative Dispute Resolution – RBADR, Belo Horizonte, v. 2, n. 3, p. 217-230, 2020.

COMETTI, Anna K. F.; MOSCHEN, Valesca R. B. The Singapore Convention in the framework of the Investor-State Dispute Settlement System. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 4, n. 7, p. 37-57, 2022.

FARIAS, Bianca O. Mediação de conflitos em ambientes educacionais: um horizonte com novas perspectivas. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 3, p. 157-194, 2020.

FERREIRA, Daniel B; SEVERO, Luciana. Multiparty Mediation as Solution for Urban Conflicts: A case analysis from Brazil. BRICS Law Journal, v. VIII, n. 3, p. 5-29, 2021. DOI: https://doi.org/10.21684/2412-2343-2021-8-3-5-29.

Kwang Hyun Suk, “Recognition and Enforcement of Mediated Settlement Agreements under the Singapore Convention: Korean Law Perspective”, Korean Journal of International Trade and Business Law, Vol. 31(2), December 2022.

MASON, Paul E. A Convenção de Cingapura e seus benefícios para o Brasil. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 4, p. 181-193, 2021.

MORAIS, Daniel M; WOHLKE, Roberto. Comunicação não violenta (CNV): habilidade fundamental para a adequação da advocacia ao novo paradigma de gestão de conflitos no Brasil. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 3, n. 5, p. 61-84, 2021.

MINISTRY OF JUSTICE. Press Release: MOJ Launches Task Force on Domestic Legislation to Implement Singapore Convention on Mediation, 17 Mar. 2021. Available at: https://www.moj.go.kr/moj_eng/1782/subview.do;jsessionid=LQfvTo2wg9C14SAXHPFfUjlujZK--YO1C-e6nqoN.wizard-10-flbqf?enc=Zm5jdDF8QEB8JTJGYmJzJTJGbW9qX2VuZyUyRjQ5JTJGNTQ1MDIyJTJGYXJ0Y2xWaWV3LmRvJTNG. Accessed on: 15 May 2023.

SERPA, Maria N. Muti-door mediation: processo composto de resolução de conflitos. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 4, p. 103-131, 2020.

SEOUL CENTRAL DISTRICT COURT, [2023]. Available at: https://seoul.scourt.go.kr/seoul/intro/intro_11/intro_111/index.html. Accessed on: 15 May 2023.

SUK, Kwang Hyun. Recognition and Enforcement of Mediated Settlement Agreements under the Singapore Convention: Korean Law Perspective. Korean Journal of International Trade and Business Law, v. 31, n. 2, Dec. 2022.

THE SUPREME COURT. National Court Administration. The 2022 Judicial Almanac, Sept. 2022. Available at: https://www.scourt.go.kr/portal/news/NewsViewAction.work?pageIndex=1&searchWord=&searchOption=&seqnum=8&gubun=719. Accessed on: 15 May 2023.

Téléchargements

Publié-e

2023-12-28

Numéro

Vol. 5 No. 9 (2023): Jan./Jun.

Rubrique

Artigos

Licence

No royalties or other compensation shall be due for the publication of the works. 

The opinions expressed by the authors of the articles and reviews are their sole responsibility.