| Project/Area Number |
16530013
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Kwansei Gakuin University |
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Principal Investigator |
MORIYA Akira Kwansei Gakuin University, School of Law and Politics, Professor (30127592)
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| Project Period (FY) |
2004 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥3,680,000 (Direct Cost: ¥3,500,000、Indirect Cost: ¥180,000)
Fiscal Year 2007: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2006: ¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 2005: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2004: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | Fundamental Legal Sciences / Sociology of Law / Dispute Resolution / Alternative Dispute Resolution / Mediation / Arbitration / Conciliation / Legal Counseling / 紛争解決 / 合意形成 / 裁定 / 権利擁護 / 法化 / 非法化 / 法文化 |
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| Research Abstract |
While unprecedented institutional reforms of Japanese legal system now being under way, the roles of ADR tend to be evaluated more positively than before as procedures which encourage disputing parties to make autonomous decisions. It is fully recognized that Japanese legal system cannot function properly without ADR from theoretical viewpoint as well as practical necessity. But the ideal of the relationship between court decisions and ADR is not shared by all lawyers and theorists. Besides, recently enacted ADR law is ambivalent in its definition of the role of ADR in Japan.
It is important, then, that in order to carry on the reform, we have a clear map which makes it possible to locate each ADR procedure in a wide theoretical perspective. The main purpose of this aid-granted research was to collect data of various ADR procedures and analyze them theoretically to make clear the merits and demerits of ADR empirically, including peoples preferences towards ADR and litigation.
ADR in Japan is now in transition. It may flourish expanding its pluralistic qualities with minimum legal foundation, or may shrink into mini-courts or administrative routines in which lawyers or administrators play a major role. In any way, the course of reform should be determined on the bases of solid empirical data of past experiences and people's expectations towards ADR.
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