미국의 소송대체분쟁해결제도(ADR)의 현황과 그 도입방안

Abstract

In the U.S.A. alternative dispute resolution(ADR) is highly developed. Contemporary ADR is in large part the result of the 1976 Pound Conference, which drew attention to alternatives to traditional dispute resolution. Since the conference, significant progress has been made in ADR generally and the use of mediation specifically. Professor Sander's speech on multidoor-court house at Pound Conference triggered ADR movement inside the courts. Judicial settlement conference, judicial arbitration and mediation are court ADR. Many court promoted mediation as a means of reducing time and costs to resolve civil disputes. After the conference, the US Department of Justice's Law Enforcement Assistance Administration provided funding for pilot programs on Neighborhood Justice Centers in cities such as Atlanta, Los Angeles, Kansas City, Honolulu and Dallas. The programs aimed to resolution of minor disputes between neighbors. The Neighborhood Justice Centers have originally developed from the Community Justice Movement in the late 1960s and early 1970 as a part of the community empowerment movement. The most complete manifestations of community justice as empowerment and dispute resolution were the Community Boards established in San Franscisco. In 1976, the American Bar Association reported fifteen neighborhood Justice Centers across the nation, in 2008, the National Association for Community Mediation reported that the number had increased to approximately 550 centers. The developments of ADR, especially the Neighborhood Justice Centers in the U.S.A. suggests good lessons and informations to Korean legal system planning to develop ADR.