2009 Fiscal Year Final Research Report
ADR促進法とADR実践の構築:法と運用実践の相互構築過程の法社会学
| Project/Area Number |
18530014
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | Waseda University |
|---|
Principal Investigator |
WADA Yoshitaka Waseda University, 法学学術院, 教授 (80183127)
|
|---|
| Project Period (FY) |
2006 – 2009
|
| Keywords | ADR / メディエーション / 紛争解決 / 司法書士 / ADR法 |
|---|
| Research Abstract |
In this research, I examined the process of transformation of ADR practice during the period before and after introduction of ADR legislation focusing on three topics including 1) penetration and adaptation of law in the process of constituting ADR Practice, 2) introduction of North American facilitative mediation model and its influence and 3) validity of newly established practice model of Japanese ADR institutions. The result shows that although North American constitutes basic communication model in their practice, legal or another professional evaluation is effectively mobilized. This can be seen Japanese adaptation of North American model into Japanese settings. On the other hand the legal problems and risks in the mixture of different procedure is not yet settled.
|
