소송(訴訟) 외(外)의 대체적(代替的) 분쟁해결제도(紛爭解決制度,ADR)에 관한 연구

다국어 초록 (Multilingual Abstract)

Disputes are continuously caused out of conflict of mutual interest in our community consisted of various persons. So, to solve such disputes or conflicts, the concerned parties reach a mutual agreement with their effort, enter a lawsuit or refer to an arbitration settled by a third party. Though the best way to solve a dispute is a mutual agreement, it is difficult in the most of the cases in our current situation, while settlement by a third party is on the increase on the contrary. The settlement by a third party can be largely divided into mediation, arbitration and court adjudication. Out of which we have most frequently used the court adjudication. However, the court adjudication has been blamed greatly for delay due to increase of cases, burden of legal expenses due to designation of counsels, infringement of human rights and loss of credit of companies due to open trial, etc. Accordingly, an Alternative Dispute Resolution(ADR) has appeared as a reform measure. The ADR that was first introduced in U.S.A. decreases lawsuit abuses with new and efficient countermeasures, studies on which is very active home and abroad. In Korea, the ADR is more frequently used than ever gradually, for example, civil mediation service through an influential public corporation, mediation institution installed under a special law, civil mediation through a court, domestic mediation etc. In this study, historical background, function and characteristics of the ADR were first investigated and then the cases of U.S.A. where its movement is currently most active were examined among controversies over support and criticism against ADR. And, regarding ADR through the court and arbitration referred to in Korea, a better method was examined for practical use, pointing out the present situation I had experienced from practical business. As a result, it is required to develop various ADR and to make the ADR applied first outside the court to cope with various disputes. And later, if the lawsuits are limited to be entered only in cases the parties had to appeal from the ADR, abuse of lawsuit could be prevented and delay of the lawsuit could also by prevented because it could be started in the state the legal issues were arranged.