Court-Connected Mediation in Japan and Germany

Abstract

This paper analyses and compares court-connected mediation in Japan and Germany. It focuses on the similarities between the litigation systems of the two civil law countries Japan and Germany. It is divided into three parts. The first part examines the Japanese concept of court-connected mediation ("chotei"). Part two will deal with court-connected mediation in Germany, as stipulated by the Bavarian Mediation Law. In the third part, both mediation models will be compared, according to the following criteria: (1) mediation style and values that underlie the mediation process, (2) voluntary or mandatory nature of mediation, (3) informality of the process, (4) qualifications of mediators, (5) role of mediators, (6) confidentiality, presence of the parties and other persons, (7) private caucuses or joint session.

Keywords: Court-connected mediation, Japan, Germany