Focusing on the court-led mediation programmes in India and South Korea, the researchers have found that while the rationale behind adoption of mediation in India and in Korea varies, there exists a common need of enhancement and regularizing the status of mediation programs.
Authors
Yonghwan Choung, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Byungdo Park, Konkuk University, Seoul, South Korea.
Saloni Kumari, Academic Tutor & TRIP Fellow, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Our societies are in a constant state of dispute. We need a mechanism of dispute resolution, which is less formal, fast, flexible, cheaper, voluntary, and devoid of lengthy procedures.
Mediation is one such method, which is operational in India as well as in Korea. Although the process of dispute resolution through mediation has existed since ages, it has not been able to gain the popularity that it needs. There are several issues responsible for the same and through this research we aim to identify all such problems and try to reach a desirable outcome.
The purpose and objective of the research is to draw a comparative analysis of contemporary mediation programs in India and Korea. The focus is upon the working techniques of court connected/court-led mediation. The comparative approach of India and Korea would help in understanding the basic concept of mediation, functioning in both the jurisdiction.
In the midst of the pandemic, when countries were under lockdown, the researchers managed to use an empirical method of data collection by conducting interviews with several experts/professionals (mostly working mediators in India and Korea). The authors found that, although the rationale behind adoption of mediation in India and in Korea varies, there exists a common need of enhancement and regularizing the status of mediation programs.
Both the countries lack mediation culture and awareness among the lawyers, judges and the parties. We found, Indian mediation program is similar to the US mediation program. Both have similar ways of appointment of mediators and enforcement of settlement agreements. Whilst, the mediation program in Korea is a hybrid/ combination of both India and US, with its distinct features.
Published in: Ilkam Law Review
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