Das Recht der Mediation im japanisch-deutschen Vergleich

Abstract

Following a global trend and interest in alternative dispute resolution, both Japan and Germany have now legal concepts in force to regulate and influence alternative dispute resolution services. Since Japan had already passed its “Act on Promotion of Use of Alternative Dispute Resolution” in 2004 and enacted it in 2007, the German legislator took it – with many other legal concepts – into consideration when drafting its own counterpart.

The article examines the common and distinguishing features of both legal concepts while focusing on certification, the procedure of alternative dispute resolution, its effects and finally the obligations as well as the liability of the mediator involved. Even though dispute resolution depends heavily on the dispute parties’ discretion in both jurisdictions and even though the certification systems is hardly comparable due to their different provider concepts, a comparing analysis stimulates awareness towards easily overseen stepping stones in each law, namely in regard to prescription and institutional quality checks.