Effective Enforcement of Mediated Agreement in International Family Matters
Project/Area Number |
24530047
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
International law
|
Research Institution | Osaka University |
Principal Investigator |
NAGATA MARI 大阪大学, 法学(政治学)研究科(研究院), 教授 (10314436)
|
Project Period (FY) |
2012-04-01 – 2016-03-31
|
Project Status |
Completed (Fiscal Year 2015)
|
Budget Amount *help |
¥4,030,000 (Direct Cost: ¥3,100,000、Indirect Cost: ¥930,000)
Fiscal Year 2015: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2014: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2013: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2012: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
|
Keywords | 調停 / メディエーション / 執行 / ハーグ条約 / ADR / 国際家事調停 / ハーグ子の奪取条約 / 家事調停 / 子の奪取条約 / 子の連れ去り |
Outline of Final Research Achievements |
In this research, it has become obvious that there is a huge differences among the Contracting States of Hague Child Abduction Convention concerning the enforcement of mediated agreements, and these differences have caused serious problem in enforcing these agreements. Besides, Japanese style of Cho-tei, is totally different from so-called mediation, and we can say that Japanese Cho-tei is rather "conciliation" than mediation. This might have caused practical problem, because the agreement reached by parties during the sessions of Cho-tei cannot be deemed as Mediated Agreement in the other countries. The one possible solution to this problem might be the effective utilization of "mediation" supplied by the civil sector and the introduction of education/development system of mediators in Japan.
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Report
(5 results)
Research Products
(16 results)