Mediation is one of the primary systems of alternative dispute resolution (ADR) in which disputing parties, with the assistances of a mediator, resolve their disputes autonomously based on rationale through communication and mutual understanding. The mediator, as a third party, does not impose the agreement but assists and encourages the parties to reach an agreement.
South Korea (Republic of Korea) signed and executed the Singapore Mediation Convention(United Nations Convention on International Settlement Agreements Resulting from Mediation) on 7 August, 2019 which entered into force on 12 September, 2020. The Singapore Convention enables the cross-border enforcement of settlements resulting from mediation. Currently, the Convention has been signed by 56 countries and was ratified by 12 countries(as of 4 January 2024).
Download Mediation Request Form (English)Mediation is a system that fully reflects the parties' intentions, from the initiation to reaching an agreement. (Guarantee of party autonomy)
In mediation, the standard applied to the parties' agreement is not a legal standard, but the parties' own, allowing for effective resolution in practice.
In mediation, the parties come to an agreement on their own, resulting in a very high voluntary compliance rate.
In mediation, the parties resolve disputes through mutual cooperation, gaining a thorough understanding of each other's positions. Thus, there's a high possibility that the relationship between the parties will be maintained in the future.
Mediation does not require strict procedural adherence, allowing for swift resolutions compared to other dispute resolution methods.
Mediation is cost-effective compared to other dispute resolution methods.
Mediation is conducted privately and the results are not disclosed, ensuring the protection of privacy and corporate confidentiality.
The mediation process require the parties to practice and enhance their own negotiation and reconciliation skills whereby it helps minimize and manage future disputes.
Request for Mediation
When a dispute arises, a party may request for mediation according to the existing mediation agreement.
However, even when there is no prior agreement, a party can still request for mediation in which KCAB will encourage the other party to enter into mediation.
A party may request for mediation by filling out the Request for Mediation form and submit it to KCAB by courier, facsimile, email or other means.
Simultaneously, the party filing the request should pay a fixed filing fee.
Appointment of Mediators
Parties may nominate a mediator from or outside KCAB’s Panel of Mediators which should be confirmed by KCAB.
If the parties are unable to nominate a mediator within 15 days from the commencement of the mediation, KCAB shall appoint a mediator.
Mediation Proceedings
The mediator shall be guided by the wishes of the parties and shall treat them with fairness and impartiality.
Please refer to KCAB International Mediation Rule.
KCAB may provide general administrative support to facilitate the conduct of the mediation proceedings.
Termination of Mediation
The mediation shall be terminated when,
For more information, please refer to the Article 8 and Article 9 of the KCAB International Mediation Rule
