2010 Fiscal Year Final Research Report
ADR Legalization and Its Limits
| Project/Area Number |
19530070
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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 |
Civil law
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| Research Institution | Kyoto University |
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Principal Investigator |
YAMADA Aya Kyoto University, 大学院・法学研究科, 教授 (40230445)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 調停 / 法律事務 / 法的助言評価型調停 / 交渉促進型調停 / 証拠能力 / 職権探知 |
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| Research Abstract |
From the comparative studies, procedural rulings of ADR, depending on the characteristics of each legal sovereign and legal culture, can be classified into some areas ; such as continental law countries, England and US, Australia and Canada, southern east Asian countries, and east Asian countries. It is multiplex ruling, of hard law and soft law. The substantive aspects of ADR legalization should not be measured by the distance from the would-be-judgment. It should be analyzed with more detailed and complex framework, which shows the nature of the substantive law at stake, methods of providing legal information and advice, and the legal effect of compromised agreements. The Law for family conciliation has been amended during this study eriod and its influence on the legalization of general civil conciliation shall be studied from now on.
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