Problems and Improvement Measures of the Family Mediation System

This paper is a comprehensive study analyzing the current state, problems, and practical improvement measures of the family mediation system. The family mediation system was introduced as a means to promptly and efficiently resolve various disputes arising within the family, such as divorce, child custody, and division of property. However, in actual practice, several limitations have been identified, including a lack of expertise among mediators, formalized procedures, imbalances of information and power between parties, and insufficient enforceability of mediation outcomes. A lack of procedural fairness and transparency undermines the trust of participants, while the mandatory pre-trial mediation requirement leads to unnecessary procedural repetition and hinders timely resolution. Although the legal effect of mediation records is recognized, in practice it is often difficult to achieve substantive relief, especially in cases involving personal status rather than financial or property disputes. Insufficient expertise and the underdeveloped role of mediators also contribute to a decline in the quality of agreements and a loss of trust necessary for effective mediation. Accordingly, this paper proposes comprehensive improvement measures, such as enhancing the transparency and accessibility of mediation procedures, strengthening mediator expertise, supplementing the legal effect and enforceability of mediation records, providing concrete institutional protections for victims and vulnerable parties, and preventing abuse of the system. The paper also analyzes cases from major foreign jurisdictions in parallel, comparing the characteristics and limitations of the Korean system, and suggests practical directions for improvement to enhance party-centered dispute resolution, the reliability and rationality of the family court system, and the protection of family members' rights and interests. Ultimately, this study emphasizes the necessity for institutional and operational enhancements so that the family mediation system can more effectively serve as a peaceful means of resolving family disputes, strengthening its social protection function and earning public trust.