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Comparative Dispute Management: "Court-connected Mediation in Japan and Germany"

"This paper analyses and compares court-connected mediation in Japan and Germany.

It is divided into three parts. The first part examines the Japanese concept of courtconnected

mediation ("chotei"). Part two will deal with court-connected mediation in

Germany, as stipulated by the first state mediation legislation, the Bavarian MediationLaw

("Bayerisches Schlichtungsgesetz" or "BaySchlG"). In the third part, both

mediation models will be compared, according to the following criteria: (1) mediation

style and values and theories 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."

Web-link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=293495
Language: English

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