Less than 10% of Korean Civil Cases Settle Before a Judgment

The Legal Times has reported that a recent study found that less than one in ten civil lawsuits resolve through settlement or mediation. Over the past five years, an average of 61% of civil cases in the first trial ended in a verdict, while only 7% ended in mediation or reconciliation. This represents a significant difference compared to countries like Japan (33%) and the United States (60-70%). The full article can be found at: [Exclusive] Civil litigation settlements and mediations are declining, with only 7% of cases ending in the first trial.

The article notes, in part, that:

While the overall number of civil cases concluded at first trial is steadily increasing, the number of cases resolved through reconciliation or mediation is declining. Mediation cases decreased from 30,390 cases (3.96%) in 2022 to 29,220 cases (3.8%) in 2023 and 28,039 cases (3.57%) in 2024. Reconciliation cases also decreased over the same period, from 28,106 cases (3.66%) to 26,578 cases (3.46%) and 25,698 cases (3.27%), showing a decline in both proportion and number. Rather than seeking an amicable settlement, the parties in dispute are accepting court rulings with the mindset of “going all the way.”

In major countries around the world, the proportion of disputes resolved through non-adjudicatory procedures is higher than in Korea. As of 2023, Japan’s proportion of cases resolved through non-adjudicatory procedures, such as reconciliation and mediation, reached 33% of all cases. Of the 143,733 cases, 70,423 (49.0%) were adjudicated, 44,080 (30.7%) were settled, and 4,363 (3%) were mediated. Research also shows that approximately 60-70% of civil cases in US federal courts are resolved through agreement or mediation.

(Civil litigation settlements and mediations are declining, with only 7% of cases ending in the first trial, Kim Ji-hyun, 2025-10-01, Translation from a Korean article)

by Sean Hayes

Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as a Top Attorney by AsiaLaw, and IPG Legal is consistently ranked Top Dispute Resolution Law Firm for our litigation and arbitration services.

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