법원이 관여하지 않는 특별 조정절차의 검토

In most countries, everyone who encountered a legal dispute usually go to the court. Trial is the most common and the last procedure to resolve the private dispute. Mediation is depicted as one of ADR, alternative dispute resolution, which has many advantages compared with the trial. From that reason, Korea has many mediation committees outside the court, as administrative committees or civil ones. In spite of the most administrative mediation committees are ruled by the law or administrative orders, there are a lot of different points among them. That confuses the people who wants to file a mediation case and many researches have pointed out a lot of problems suggesting useful resolutions. Such suggestions want to strengthen power of the mediation committee including the effect of mediation protocol. But I think the most important merit of mediation is self-regulation. And my conclusions are pointed to the direction to increase the character of the committee as a service organ to the nation not a ruling one.