Alternative Dispute Resolution in Japan

Univ. of Munich School of Law Working Paper No. 24

33 Pages Posted: 19 Nov 2003

See all articles by Katja Funken

Katja Funken

University of Munich School of Law

Date Written: June 2003

Abstract

This paper analyses three major types of ADR procedures used in Japan today and their strengths and shortcomings in the context of the modern Japanese legal system and contemporary Japanese society. It will first look at four theories that attempt to explain the Japanese reluctance to litigate. Then, the paper will briefly analyse the cultural and historical roots of ADR in Japanese society. Against this background, the three ADR methods chotei, wakai and chusai will be examined and evaluated.

Keywords: ADR, mediation, conciliation, Japan

JEL Classification: K0, K1, K3

Suggested Citation

Funken, Katja, Alternative Dispute Resolution in Japan (June 2003). Univ. of Munich School of Law Working Paper No. 24. Available at SSRN: https://ssrn.com/abstract=458001 or http://dx.doi.org/10.2139/ssrn.458001

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)

Register to save articles to
your library

Register

Paper statistics

Downloads
1,951
rank
7,303
Abstract Views
6,869
PlumX Metrics