미국 엔터테인먼트산업과 조정· 중재

Abstract

Privacy is very important elements in the process of entertainment mediation and arbitration. In the case of privacy, mediation has more merits than arbitration due to it's characteristics of confidentiality. This is the background of entertainment mediation under discussion. Med-arb also could be one of the alternative to entertainment ADR. Necessary mediation before the first hearing in the court needs to examined from the viewpoint of Korea judicial system and entertainment law. That's because mediation usually starts from mediation agreements between parties, but Koreans are not so familiar with procedural contracts. In case there are no mediation agreements between parties, necessary mediation before the first hearing in the court will be difficult. The most important work we can do at this stage can be ensuring many neutral advisors with experiences. AAA, JAMS/Endispute, AFMA could be a good example. Volunteer lawyer organizations on mediation as a pro bono basis could also necessary. Arts, Arbitration and Mediation Services(AAMS), St. Louis Volunteer Lawyers and Accountants for Arts, Washington Lawyers for the Arts, New York Lawyers for the Arts could be another good examples.