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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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

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

Chapter:
(p.1011) Chapter 20 Mediation in Japan. Development, Forms, Regulation and Practice of Out-of-Court Dispute Resolution
Source:
Mediation
Author(s):

Harald Baum

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199653485.003.0020

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

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