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A Study on Institutionalization of Neutrals for ADR Establishment

  • DONG-A LAW REVIEW
  • 2016, (70), pp.409-438
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Park, Chul-Gyoo 1

1대한민국헌정회 사무차장/변호사

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ABSTRACT

In order to establish a successful ADR system, it is important to operate neutrals with good quality as ADR professionals. This paper reviewed foreign institutional practices concerning qualifications of neutrals as ADR professionals and examined the current situation of the neutrals system and its new establishment methods in Korea. In order to set up the neutrals system of Korea, it is necessary to introduce the system of qualifications for neutrals and to achieve the professionalization of neutrals for competent people’s participation from all walks of life by realizing the benefits or treatment of neutrals. Also we need to create an ADR research fund to support the excellent researchers and research projects for the expansion and substantiality of education and training for neutrals, and the development of ADR-related courses and various programs for educational institutions like law schools, etc. should be promoted. Additionally, we need to expand the base of training institutions for neutrals in order to give many people the opportunity to become ADR professionals, and ultimately the legislative supplement that supports the ADR, including the ADR Basic Law that covers the concept of neutrals, qualifications of neutrals, the selection process of neutrals and the neutrals Association, etc. should be made as soon as possible.

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