16 Pages Posted: 25 Oct 2004
Date Written: June 15, 2004
When participants do not expect that a conflict will be resolved by direct negotiation, they may ask a third party to intervene in the conflicts. In Japan, the civil trial has been the sole social institution of third party intervention which disputants can use for difficult conflicts. In a civil trial, the trial process is enacted using formally defined procedures. Examining the case according to law and precedence, the judge makes judgments in which each disputant has to accept the deserved outcomes. Since a civil trial requires much time and expense, however, it is not easily available to people. For this reason, recently, ADR has been adopted because it is easier for people to access than a trial.
Keywords: procedural fairness, third party intervention, conflict resolutions
JEL Classification: D74, J52
Suggested Citation: Suggested Citation
Imazai, Keiko and Ohbuchi, Ken-ichi and Imazai, Kei-ichiro, 'Plurality Heuristic' in Perceptions of Procedural Fairness in ADR: Effects of the Number of Mediators and the Distribution of Judgments (June 15, 2004). IACM 17th Annual Conference Paper. Available at SSRN: https://ssrn.com/abstract=609282 or http://dx.doi.org/10.2139/ssrn.609282