Law Commons^™

Achieving Justice Through Adr: An Analysis Of The Korean Mediation System, Yonghwan Choung

Maurer Theses and Dissertations

The purpose of this research is to reconsider Korean judicial mediation as a part of alternative dispute resolution (“ADR”) and to discuss the possible legal transition of Korean judicial mediation into private sector mediation.

Similar to other states’ judicial problems, Korea has also faced overloaded case dockets, congestion of the civil process, an expensive legal process, and emotional stress on parties during the procedures. The Korean judicial authority continuously developed the Korean mediation programs, which can be categorized as court-related mediation, including court-annexed and court-connected mediations. Based on enactment of the Judicial Conciliation of Civil Disputes Act of 1990 (“JCCDA”) …

The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis

Articles by Maurer Faculty

This Article discusses a troubling cause of the decline in civil trials — the growing ubiquity of predispute binding arbitration clauses — and discusses tension between roles and responsibilities classically associated with zealous advocacy and the pressing need for new roles and responsibilities associated with ethical dispute system design.

Over the past decade, two interacting patterns have come to encourage transactional attorneys to engage in zealous advocacy when crafting predispute binding arbitration clauses in adhesion contracts. First, recent U.S. Supreme Court jurisprudence broadly defers and delegates authority to those who create such clauses in adhesion contracts with little oversight. Second, …