조정에 의한 화해합의의 집행에 대한 일본의 개정논의: 싱가포르협약과 대륙법계 법제의 충돌을 중심으로

Mediation refers a process to reach a settlement agreement between parties with the assistance of a third person or persons. Despite the growth of importance of mediation as an alternative dispute resolution, it has been challenged for its lack of enforceability. Traditionally, settlement agreements have been regarded as a contract, regardless of whether the settlement agreement is achieved with the assistance of a mediator or not, which is not enforceable without a judgment or decision to allow the enforcement of the settlement agreement. United Nations Convention on International Settlement Agreements Resulting from Mediation (hereinafter, the ‘Singapore Mediation Convention’) suggested restructuring the enforcement system of settlement agreements resulting from international mediation, which conflicts with the enforcement procedure of civil law countries. Korea signed the Singapore Mediation Convention on August 2019 and has prepared the legislation to implement the Convention. Japan has not signed the Singapore Mediation Convention for its collision between the Convention and its domestic legal system. Nonetheless, Japan has prepared the revision of law regarding international dispute resolution, including mediation. On February 2022, the Ministry of Justice of Japan confirmed the bill regarding the creation of enforceability of settlement agreements resulting from mediation. One of the features of the bill is the stipulation of the enforcement requirements and proceedings of international settlement agreements resulting from mediation. It will have significant implications for the preparation of the implementation legislation of the Singapore Mediation Convention in Korea for the enforcement requirements and proceedings.