7 - Might There Be a Future for Multi-tiered Dispute Resolution in Korea?

Summary

This chapter examines the state of the use of multi-tiered approaches to the resolution of disputes related to Korea, particularly from a cross-border context. Unlike in other jurisdictions in Asia, multi-tiered clauses do not appear to be the preferred choice for dispute resolution for Korean parties. Med-arb, arb-med, or med-arb-med, where the combination of mediation and arbitration are sequentially carried out, sometimes by the same person in some jurisdictions, still remain uncommon in Korea. This is consistent with the fact that, relative to non-adjudicative approaches to resolve disputes such as negotiation and mediation, the use of adjudicative approaches such as litigation or arbitration remain the preferred options. Mediation remains a relatively underdeveloped alternative dispute resolution method for both domestic and international disputes. This chapter explores state of the use of multi-tiered dispute resolution by providing an overview of dispute resolution in Korea.