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Choung,Yonghwan,Kumari,Saloni 대동문화재단 2021 대동CT연구 Vol.1 No.1
Expeditious settlement of disputes is pre-requisite of free economy, especially in the commercial matters. But pendency and backlog of cases in Indian judiciary has ransacked the working and functioning of nation as a whole. The underprivileged and poor people are the worst victim of this issue. Courtroom Litigation is a lengthy and expensive affair. And the pendency prolongs the cases for years depriving Justice to the needy as well as paralysing the economic activity of the nation. If this issue is not addressed in the near future, it has potential to crash the Indian judicial system under the weight of arrears. The idea of this paper is not to dwell upon the problem. It aims to explore the solutions and optimum methods needed for a reformative measure. Access of justice is a basic human right guaranteed by the common law. The Indian legal system is under constant pressure and questions have been raised as how do they plan to continue the justice delivery system. Thus, there is a need to prioritise the issue of pendency and access to justice to all. Since, a major dependency now lies upon the online and digital mode, the productivity during pandemic and even for future, can be enhanced through improved infrastructure of the online mode of alternative dispute settlement. The pandemic has reshaped how pending cases and future cases will be adjudicated. In light of this, the paper aims to divert the attention towards Alternative Dispute Resolution (“ADR”) and specifically Online modes of Dispute resolution and evaluate the efficacy of Online Dispute Resolution (“ODR”) mechanisms.
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Understanding Indian Mediation: Comparison of Indian and Korean Mediation Programs
( Yonghwan Choung ),( Byungdo Park ),( Saloni Kumari ) 건국대학교 법학연구소 2021 一鑑法學 Vol.- No.49
Our societies are in 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 desirable outcome. The purpose and objective of the research is to draw a comparative analysis of contemporary mediation program 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 Pandemic, when countries were under lockdown we managed to use empirical method of data collection by conducting interviews with several experts/professionals (mostly working mediators at India and Korea). We found that, although, the rationale behind adoption of mediation in India and in Korea varies but, there exist a common need of enhancement and regularizing the status of mediation program. Both the countries lack mediation culture and awareness among the lawyers, judges and the parties. We found, Indian mediation program is similar to US mediation program. Both have similar way of appointment of mediators and enforcement of settlement agreement. Whilst, the mediation program in Korea is a hybrid/ combination of both India and US, with its distinct features.
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