Die Förderung der außergerichtlichen Konfliktlösung in Japan

Abstract

This paper deals with the promotion of out-of-court dispute resolution in light of the statutory reform of 2004. The paper’s scope is limited to state support of conciliation and mediation by private institutions. This issue has become increasingly topical since 2012. The ADR Act, adopted in 2004 and in effect since April 2007, commits the government to evaluating the acceptance and effect of its provisions five years after it came into force, and to take the appropriate measures to rectify possible shortcomings. First, the author gives an overview of the situation prior to the new act and explains the reform’s background and the legislative aim of activating alternative dispute resolution. The paper then deals with the content of the ADR Act, focusing on the new certification scheme for private institutions providing alternative dispute resolution. Building on these explanations, the practical impacts of the new provisions are analyzed. The author extensively draws on empirical data and elaborates on problems following the new system. He then turns to the present reform discussion, briefly addressing two comprehensive reform proposals as well as the work of the discussion group established with the Ministry of Justice. In his final remarks, he concludes that the ball has been returned to the court of the academics and practitioners.

(The Editors)