What is it about?
This study examines the Med-Arb charactersitics of Japanese dispute resolution culture. At first sight, Japan's ADR looks like arbitration on the surface level. On the other hand, we found that they have srtog elements of mediation in nature in deeper sense.
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Why is it important?
Most of foreign business men erroneously thought of Japanese new arbitration law which guarantees that Japanese people prefer arbitration instead of litigation. On the contrary to this misconception, Japan is still looking for a third way of ADR, Med-Arb.
Perspectives
If you plan to rely on Japanese ADR institution, you must remember that Japanese people prefer amicable settlement instead of direct confrontation. In that sense, arbitration is not suitable for the resolution of the disputes between Japanese firms and the other firm in another country.
Yongkyun Chung
Kangwon National University
Read the Original
This page is a summary of: Japanese Dispute Resolution Culture and ADR Institution in the Perspective of Med-Arb, May 2019, The Korean-Japanese Journal of Economics and Management Studies,
DOI: 10.46396/kjem.83.1.
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