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법원에 가지 않고 중재 또는 조정으로 분쟁을 해결하는 방법.
개요
Arbitration and mediation are forms of Alternative Dispute Resolution (ADR) that can be faster, cheaper, and more private than court proceedings. Arbitration produces a binding decision (an award); mediation helps parties reach their own settlement with the help of a neutral mediator. Many commercial contracts contain arbitration clauses requiring disputes to be resolved this way.
단계별 절차
Check for an ADR Clause
Review your contract to see if it contains an arbitration clause or mediation agreement. If it does, you may be required to use ADR before (or instead of) going to court. Even without a clause, you can agree to ADR at any time.
- Courts encourage ADR — unreasonable refusal to mediate can result in adverse costs orders
Choose a Provider
Select an arbitration institution (e.g., LCIA, ICC, CIArb) or a mediation provider (e.g., CEDR, CIArb). For lower-value disputes, consider small claims mediation (free through the court service).
- Consider the provider's rules, fees, and the expertise of their panel
Notify the Other Party
Send a written notice to the other party proposing ADR. For arbitration, this usually means serving a Notice of Arbitration. For mediation, write proposing mediation and suggesting providers and dates.
Appoint an Arbitrator or Mediator
In arbitration, the tribunal is usually one or three arbitrators, appointed by agreement or by the institution. In mediation, the parties jointly select a mediator. The mediator is neutral and does not impose a decision.
The Process
Arbitration follows a procedure similar to court (statements of case, evidence, hearing, award). Mediation is more flexible — typically a one-day meeting where the mediator facilitates negotiation through joint sessions and private meetings ('caucuses').
Outcome
An arbitration award is legally binding and enforceable like a court judgment (under the Arbitration Act 1996). A mediation settlement is binding only if the parties sign a settlement agreement. If mediation fails, you can still go to court or arbitration.
비용
중요 경고
An arbitration award is final — rights of appeal are very limited under the Arbitration Act 1996.
Mediation is voluntary — either party can walk away at any time (but courts may penalise unreasonable refusal).
Ensure any settlement agreement is properly drafted and signed by both parties.