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http://ssrn.com/abstract=293495
 
 

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Court-Connected Mediation in Japan and Germany


Katja Funken


University of Munich School of Law

March 2001

University of Queensland School of Law Working Paper No. 867

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.

Number of Pages in PDF File: 34

Keywords: Court-connected mediation, Japan, Germany

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Date posted: December 13, 2001  

Suggested Citation

Funken, Katja, Court-Connected Mediation in Japan and Germany (March 2001). University of Queensland School of Law Working Paper No. 867. Available at SSRN: http://ssrn.com/abstract=293495 or http://dx.doi.org/10.2139/ssrn.293495

Contact Information

Katja Funken (Contact Author)
University of Munich School of Law ( email )
Veterinaerstr. 5
Institute of International Law
Munich, 80539
Germany
+49 89 2180 - 3331 (Phone)
+49 89 2180 - 3796 (Fax)
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