1995 Fiscal Year Final Research Report Summary
Professional Liability of Counsellor : Socio-Legal Perspectives
| Project/Area Number |
06802004
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Niigata University |
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Principal Investigator |
MINAMIKATA Satoshi Niigata University, Faculty of Law, Professor, 法学部, 教授 (70125805)
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| Project Period (FY) |
1994 – 1995
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| Keywords | counsellor / counselling / counselling & advice organisation / professional liability / mantal healty / domestic disputes / 知る権利 / 自己決定権 |
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| Research Abstract |
This research is the first phase of the main research aiming at a socio-legal study on the nature of counselling/advising services for clients who have difficulties in maintaining 'good' relationships with family members or friends. In particular, the main research focuses on counsellors'/advisers' roles and their professional liability when their assistance is claimed as causing damages to their clients. As the first step, brochures or literature from 110 of 248 counselling/advising agencies located in central Tokyo were examined in this research.
The collected materials show the following findings :
(1) Agencies provide fairly clear information on the purpose of counselling/advising services, the ways of access to the services, the methods employed in counselling/advising services and the fee.
(2) Agencies fail to provide sufficient information on what results could be achieved through the services.
(3) Counselling/advising services vary in their principles, methods and achievements.
(4) Nothing stated on 'legal issues' relating to the services.
Due to the lack of sufficient information above-mentioned, it is likely to happen that the expectation of clients may differ from the services provided by the agencies. In consequence, a client may dispute with the counsellor/advisor for claiming compensation. Judging from the nature of the services stated in the publication of the agencies, 'professional liability' of counsellors/advisers will become the main issue of the disputes in some cases. For the purpose of sorting out such disputes, there are three approaches available ; based on the principle of torts/negligence, contract law and consumer protection low.
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Research Products
(4 results)
