Mediation In
Yanggu, Gangwon

Legal Framework

Mediation in South Korea follows the Judicial Conciliation of Civil Disputes Act (민사조정법, Minsa Jojeong Beop). The Act does not explicitly define 'mediation', unlike foreign laws and international treaties that clarify mediation's purpose and principles. South Korea has both court annexed mediation and dispute resolution committees across various sectors. The Civil Procedure Act of Korea and the Judicial Conciliation of Civil Disputes Act provide that courts actively encourage parties to resolve disputes through court ordered mediation before or during formal litigation. Once parties come to a settlement under the judicial conciliation process, the settlement can be recorded and will have the same effect as a final judgment. The Korean Ministry of Justice launched the Task Force on Domestic Legislation to Implement the Singapore Convention in 2021 to provide the necessary legal framework to enforce settlement agreements resulting from mediation. The Korean Arbitration Act, first enacted in 1966 and entirely revised as of 31 December 1999 to substantially adopt the UNCITRAL Model Law, governs arbitration. In 2016, the Act was amended to incorporate key features of the 2006 UNCITRAL Model Law.

While South Korea operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

South Korean courts actively encourage parties to resolve disputes through court ordered mediation before or during formal litigation under the Civil Procedure Act and Judicial Conciliation of Civil Disputes Act. Courts may refer parties to mediation and can adjourn proceedings to allow mediation to occur. Court-annexed mediation is available throughout South Korea. The judiciary has implemented mediation programmes in many courts. Judges may suggest mediation at any stage of proceedings. The court system works closely with professional mediators and mediation organisations. Once parties reach a settlement under judicial conciliation, it can be recorded and has the same effect as a final judgment. If parties enter into conciliation but fail to reach settlement, the plaintiff must file a suit before ordinary courts. The Korean Arbitration Act provides that courts have jurisdiction over proceedings ancillary to arbitration, including appointment of arbitrators when parties cannot agree, hearing challenges against arbitrators, ordering interim measures, providing assistance in taking evidence, and hearing requests for setting aside awards.

Mediator Regulations

Specific mediator certification requirements under the Judicial Conciliation of Civil Disputes Act are not detailed in available sources. The KCAB (Korean Commercial Arbitration Board) has established International Mediation Rules with provisions for mediator appointment, fees and costs, conduct of mediation, confidentiality, and termination of the mediation process. The KCAB panel is composed of Korean and foreign lawyers, scholars, businesspersons and other qualified professionals. Private mediation, while essential and beneficial for efficiently resolving disputes without resorting to litigation, has historically been undervalued compared to institutional forms of mediation. General awareness of the mediation system among the public and legal professionals is low, with inadequate legislative and policy support compared to arbitration, resulting in minimal trust and engagement with private mediation. This contrasts with common law countries where numerous organisations offer private mediation services.

Cultural Approach

South Korean mediation culture has historically undervalued private mediation compared to institutional forms of mediation. General awareness of the mediation system among the public and legal professionals is low. The approach emphasises court annexed mediation and dispute resolution committees across various sectors. Private mediation has been historically undervalued in comparison to institutional forms, resulting in minimal trust and engagement. The cultural context values harmony and preserving relationships, but this has not translated into widespread use of private mediation. The KCAB International Mediation Rules aim to promote international mediation practices. The presence of both court annexed and private mediation mechanisms reflects a developing ADR culture. Korea has grown into an arbitration hub in Northeast Asia over the last 20 years, suggesting increasing acceptance of ADR mechanisms.

Typical Costs

The KCAB International Mediation Rules provide for fees and costs, though specific amounts are not detailed in available sources. Court-annexed mediation under the Judicial Conciliation of Civil Disputes Act may be available at subsidized rates or reduced costs. The emphasis on mediation as an alternative to expensive litigation suggests cost effectiveness is a key feature. Specific fee amounts for commercial or family mediation are not documented in available sources. The KCAB acts as an appointing authority for KCAB arbitrations and may act as an appointing authority in non-KCAB arbitrations seated in Korea. The 2016 amendments to the Korean Arbitration Act introduced a streamlined enforcement procedure, suggesting efficiency in cost structures.