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학술논문민사소송2025.10 발행

각국의 조정인 윤리규범과 그 시사점 — 조정인 윤리규범의 도입필요성 및 그 내용을 중심으로 —

Code of Conduct for Mediators in Various Countries and Their Implications

김정환(조선대학교)

29권 3호, 659~698쪽

초록

In Korea, judicial mediation such as that conducted by courts and administrative mediation not only have a long history but are also actively established and utilized. However, it is not easy to find examples of private mediation. There may be various reasons for this, but a lack of public trust in private mediation can also be identified as a cause. The absence of generally accepted and unified ethical standards for mediators currently in force may also be considered one contributing factor. This article addresses the necessity and content of ethical standards for mediators as a prerequisite for promoting mediation. To this end, it first briefly examines the concept of mediator ethics and its necessity within the mediation process, followed by an exploration of model ethical standards for mediators in various countries. Next, it examines the current status and issues surrounding the establishment of mediator ethical standards in Korea. As a solution to these problems, it explores the necessity of establishing model mediator ethical standards and, if such standards were to be established, the content that should be included.

Abstract

In Korea, judicial mediation such as that conducted by courts and administrative mediation not only have a long history but are also actively established and utilized. However, it is not easy to find examples of private mediation. There may be various reasons for this, but a lack of public trust in private mediation can also be identified as a cause. The absence of generally accepted and unified ethical standards for mediators currently in force may also be considered one contributing factor. This article addresses the necessity and content of ethical standards for mediators as a prerequisite for promoting mediation. To this end, it first briefly examines the concept of mediator ethics and its necessity within the mediation process, followed by an exploration of model ethical standards for mediators in various countries. Next, it examines the current status and issues surrounding the establishment of mediator ethical standards in Korea. As a solution to these problems, it explores the necessity of establishing model mediator ethical standards and, if such standards were to be established, the content that should be included.

발행기관:
한국민사소송법학회
분류:
법학

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각국의 조정인 윤리규범과 그 시사점 — 조정인 윤리규범의 도입필요성 및 그 내용을 중심으로 — | 민사소송 2025 | AskLaw | 애스크로 AI