Alternative Dispute Resolution in Japan
Univ. of Munich School of Law Working Paper No. 24
33 Pages Posted: 19 Nov 2003
Date Written: June 2003
Abstract
This paper analyses three major types of ADR procedures used in Japan today and their strengths and shortcomings in the context of the modern Japanese legal system and contemporary Japanese society. It will first look at four theories that attempt to explain the Japanese reluctance to litigate. Then, the paper will briefly analyse the cultural and historical roots of ADR in Japanese society. Against this background, the three ADR methods chotei, wakai and chusai will be examined and evaluated.
Keywords: ADR, mediation, conciliation, Japan
JEL Classification: K0, K1, K3
Suggested Citation: Suggested Citation