민간형 조정 활성화를 통한 소송과 조정의 균형 모색 - 사법자원의 효율적 분배라는 거시적 관점에서 본 민간형 조정활성화 관점에서 -

In Korea, a so called conflict-stricken Republic, measures to promote mediation have been discussed for a long time; but the main approach so far has not been from a national or macro perspective of resolving disputes through the efficient distribution of judicial resources, but from a court-centered micro-point of view, which seeks to activate mediation separately while keeping the court's efficient system intact. However, even though mediation is strictly in a trade-off relationship with the court's litigation (including court-centered coordination), the court has made improvements over a long period of time from a microscopic perspective solely to improve the efficiency of the court itself, without considering its comparative advantage with mediation. The court thus achieved the highest level in terms of hearing time and cost. However, its advantages paradoxically was led to a higher number of litigation filings from citizens, which has added to the burden of judges' work, shorter hearing hours, public distrust in the judiciary, and even a vicious cycle of extremely constricting civil and commercial mediation. Therefore, from now on, abandoning the court-centered micro-view and switching to a macroscopic point of view of efficiently distributing limited judicial resources to settle disputes at the national level is necessary. In order to achieve that, we need to set a goal of resolving more than 100,000 large-scale disputes through civil and commercial mediation; adapt the current litigation and administrative mediation system in order to guarantee large-scale mediation; and introduce and implement best practices, such as legislation of mitigated mandatory mediation similar to that of Italy, as soon as possible.