I was interested how mediation is to be done in Japan. My friend Akio sent me the informtion wanted and I am pleased to share it with you.  The source of information is at least www.choutei.jp

What is Conciliation?

Conciliation is a special system in Japan to resolve disputes that are hard to be solved by themselves.

Before legal action is taken,　it is considered better to solve the problem amicably through discussion between parties trying to reach a mutual agreement (successful compromise) in the conciliation, rather than by going to trial which might take longer and cost a lot more as well. Civil Conciliation treats all legal issues and troubles except for criminal cases, while Family Conciliation deals disputes among family members or other relatives.

Solving problems by talking
Conciliation is different from a trial or lawsuit, and it’s basically talk between two parties to seek a solution for the problem.
Proceedings not open to the public
Unlike a lawsuit, conciliation sessions are not open to the public and are held in a small room. Everything discussed in the conciliation is kept confidential, and the privacy of all concerned is protected.
Presided over by a fair and neutral third party
A conciliation committee, which consists of one judge and two (or occasionally three) conciliators selected from citizens, will listen to both parties evenly and politely, never supporting one side against the other, and help two parties to seek a satisfactory solution through conciliation sessions.
With the same effect as a judgment of a lawsuit
When two parties arrive at a solution that is valid and both of them are satisfied, all the agreements and conditions will be written in a certified Decree which will have the same effect as the judgment of a lawsuit. In case of default for payment , necessary procedures for the compulsory execution can be taken on the basis of the certified Decree.
Simple and easy application procedures with inexpensive fee
Anyone can make an application for conciliation proceedings. However, application forms available at the receptionist are to be written in Japanese and in order to ensure completion of application without difficulty, it is advised to come with someone who understands Japanese or a Japanese friend.

Civil Conciliation

Why don’t you use “the civil conciliation” as dispute solving method?

The civil conciliation deals with all legal disputes except for disputes related to family affairs cases and criminal cases.

In the conciliation proceedings, unlike the court proceedings, the conciliation committee composed of one judge and two or more conciliation committee members (or a single judge) hears both sides carefully, facilitates negotiations to reach an agreement between the parties, and adjusts the parties based on fair estimation.

The conciliation committee or a single judge aims to reach an agreement which both parties can accept, not forcing the parties to obey conciliation proposal against their will.

The concilation system is a judicial ADR (Alternative Dispute Resolution) system established about 90 years ago.

In the civil conciliation proceedings, the conciliation committee or a single jugde deals with disputes of:

  • a claim for compensation of damages in a traffic accident,
  • a claim for increase or decrease of rent for land or buildings,
  • a claim for fees for renewal of lease,
  • a claim for return of security deposit,
  • a trouble in case of leaving a rented house,
  • a trouble of working conditions,
  • a trouble of a dismissal of workers,
  • a claim for a retirement allowance,
  • a claim for wages,
  • a claim for wages for overtime ,
  • various kinds of troubles in neighborhood,
  • harassment in the workplace,
  • a trouble between men and women,
  • other claims for compensation; and
  • other civil cases.