Chapter

Mediation in Japan. Development, Forms, Regulation and Practice of Out-of-Court Dispute Resolution

Harald Baum

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0020
Mediation in Japan. Development, Forms, Regulation and Practice of Out-of-Court Dispute Resolution

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The chapter provides an up-to-date, comprehensive analysis of out-of-court dispute resolution in Japan. The country is well known for its persistent lack of litigation when compared with most Western OECD countries. As shown, the widely perceived traditional preference for out-of-court dispute resolution in Japan can be traced to various, mostly institutional (intentionally insufficient access to courts and attorneys), causes and only to a lesser degree to cultural reasons. A historical overview shows the pertinent developments. Today Japan practices two distinctly different forms of out-of-court dispute resolution: court-annexed conciliation and extrajudicial mediation. The chapter offers the first in-depth English analysis of the legal underpinnings and practical effects of both forms.

Keywords: Japan; mediation; out-of-court dispute resolution; court-annexed conciliation; extrajudicial mediation

Chapter.  36490 words. 

Subjects: Comparative Law

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