Mediation Types in Japan

Mediation in Japan is divided into 3 types:

• court-assisted mediation - divided into 2 subtypes: 1) mediation administered in civil cases (including commercial ones); 2) family mediation;
• private mediation;
• administrative mediation (used for resolving consumer disputes or labor disputes in the state of Japan).

Resolving disputes by private mediation in the state of Japan implies that mediation organizations have their own mediation procedures. While some of them regulate the entire process of resolving a dispute, others only contain provisions on the appointment of an authority responsible for conducting mediation in the state of Japan; the parties & mediators are free to discuss the procedure & all the details of an upcoming mediation.

Both parties have a right to present their evidence & conduct negotiations with mediators. Resolving a commercial dispute through mediation in the state of Japan requires parties & mediators to discuss the following issues prior to its commencement:

• which language a mediation will be conducted in;
• how written statements & documentation will be exchanged;
• when & where a mediation will take place;
• the need for a mediator to acquaint parties with their propositions for the resolution of a business dispute in the state of Japan;
• when a mediation should be completed.

Statute of Limitations

Those considering resolving a dispute by mediation in the state of Japan should keep in mind that the statute of limitations isn’t necessarily suspended for all mediation procedures. It can be suspended for up to 180 days after the completion of a judicial mediation.

Filing an application for a private mediation is considered to constitute grounds for interrupting the statute of limitations; however, for that to happen, parties must submit a complaint to the court within 30 days after the termination of private mediation proceedings. The deadlines for administrative ADRs will depend on particular laws.

If you plan to resolve a dispute by private mediation in the state of Japan, you should keep in mind that doing so doesn’t suspend the statute of limitations. However, a written agreement on conducting non-accredited ADR or private mediation that has been concluded between the parties may somewhat suspend this period, providing all requirements are met.

Confidentiality

Resolving a dispute by mediation in the state of Japan requires complete confidentiality; hence, 3rd parties must request parties for their consent to be present at the mediation proceedings. Parties aren’t prohibited from making use of the material evidence obtained during mediation during litigation/arbitration proceedings taking place after the completion of mediation.

Resolving an international dispute through judicial mediation in the state of Japan entitles parties to make copies of the minutes. They’re allowed to use them as evidence in arbitration or litigation proceedings taking place after the mediation. When it comes to judicial mediation which relies on expert opinion, material evidence obtained during mediation proceedings may be used in litigation proceedings that take place after the mediation.