Mediation in Japan

Abstract

The preference for amicable dispute resolution is deeply rooted in Japanese culture, and there is a long history in Japan of using mediation to manage conflicts. Mediation was used to resolve disputes between merchants and samurai warriors in the 17th century and to resolve claims between private actors and utility companies arising from the Fukushima nuclear disaster in the more recent past. While court mediation is common in contemporary Japan, private mediation is comparatively rare despite legislative changes in 2007 meant to promote growth. Mediation in Japan tends to be evaluative, and private sessions with parties are common. These standards derive, in part, from procedures used in court mediation. However, norms are being revisited in the case of commercial disputes. In 2018, the Japan International Mediation Center opened in Kyoto, prompting greater attention to alternative models of mediation and international commercial mediation standards. Meanwhile, recent international mediation trainings and events have paid more attention to aspects of mediation that are uncommon in court mediation in Japan including joint sessions and non-evaluative facilitation. A recent high-profile international commercial mediation highlighted the potential of co-mediation to manage linguistic and cultural differences. These movements have not resulted in a sea change in mediation culture, but they may in time lead to greater diversification of procedures and perceptions about mediation.