Mediation Proceedings

   

Step 1 Request for Mediation

Applicant

  • submits a request for mediation to the JCAA and pays the filing fee (JPY50,000) to the JCAA’s bank account to be designated by the JCAA.

  • submits a copy of mediation agreement, if any

  • submits a power of attorney, if the applicant is represented by counsel

JCAA

  • notifies the respondent of the request for mediation.

Where a prior mediation agreement between the parties exists

The mediation proceedings commence when the JCAA notifies the respondent of the request for mediation. 

Where a prior mediation agreement between the parties does not exist

The JCAA asks the respondent whether it accepts the applicant’s proposal to mediate.

If the respondent accepts the applicant’s proposal to mediate

The mediation proceedings commence when the JCAA acknowledges receipt of the respondent’s written acceptance.

If the JCAA does not receive the respondent’s written acceptance of the applicant’s proposal to mediate

  The mediation proceedings do not commence.

  • once the mediation proceedings have commenced, the JCAA requests the parties to pay deposit which covers mediator’s remuneration and expenses, JCAA administrative fees and other reasonable expenses.  

Respondent

  • submits to the JCAA a written reply responding to the request for mediation within two weeks from the date of commencement of the mediation proceedings. 

   

Step 2 Appointment of Mediator

   

1. Number of Mediator

The parties may agree on the number of mediators. Where the parties do not agree on the number of mediators, the number will be one.

2. Appointment

The parties appoint the mediator and submit the following documents to the JCAA:

  •   Notice of Appointment of Mediator 
  •   Acceptance of Appointment as Mediator 
  •   Declaration of Impartiality and Independence 

Where the parties do not appoint the meditator by the due date or request the JCAA to appoint the mediator, the JCAA will appoint the mediator by taking the following steps:

  1. JCAA notifies the parties of several mediator candidates who the JCAA considers suitable for mediating the conflict.
  2. Each Party respectively deletes the name of any candidates to whom the party objects and number the remaining candidates in order of its preference.
  3. JCAA appoints the mediator considering the order of preference expressed by the parties and any other relevant circumstances.

   

   

Step 3 Discussing Process of Mediation

The mediator discusses with the parties the process of conducting the mediation proceedings including the followings:

  • the language of the mediation
  • the schedule and the manner of exchanging the written statements and documents
  • the date and place of the mediation session
  • whether the mediator shall suggest to all the Parties its proposals for settlement and, if so, the timing thereof
  • the time limit for concluding the mediation.

 

Step 4 Mediation Session

Through the separate and/or joint session, the mediator facilitates the parties’ negotiation and endeavors to settle the conflict.

   

Step 5 Termination of Mediation Proceedings

The mediation proceedings terminate upon any of the following circumstances:

  • a copy of the settlement agreement in respect of all the disputes subject to mediation is submitted to the JCAA
  • the respondent fails to submit the reply to the JCAA within the time limit.
  • all the mediators are not appointed or confirmed by the JCAA due to a party’s objection within three months from the date when the JCAA initially sends the parties the list of mediator candidates
  • the time limit for concluding the mediation proceedings has expired;
  • the mediator or the JCAA receives a notice of withdrawal by any party.
  • when two weeks have passed from the day following the date on which the parties or the JCAA receives the decision from the mediator that there is no likelihood of settlement on the grounds that, among others, any party appears unwilling to reach settlement or the difference in the parties’ positions does not close. However, the mediation proceedings shall not be terminated if all the parties request the mediator to continue the mediation proceedings within this time limit; or
  • the JCAA notifies the parties in writing of its decision to terminate the mediation proceedings on the ground that a party has failed to pay the deposit to the JCAA.

Where the parties settle the conflict, the parties send the JCAA a copy of settlement agreement.

   

Step 6 Settlement of Mediation Costs

The mediation costs are settled according to the parties’ agreement. In the absence of this agreement, the mediation costs are apportioned equally between the parties. The JCAA refunds the excess amount of deposit to the parties.