2012 Fiscal Year Final Research Report
An Empirical Study of Mediation Process in Urban Communities
| Project/Area Number |
22530006
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | Osaka University |
|---|
Principal Investigator |
NIKI Tsuneo 大阪大学, 法学研究科, 教授 (80284470)
|
|---|
| Project Period (FY) |
2010 – 2012
|
| Keywords | 対席調停 / 司法書士 / 対話秩序 / 日米比較 |
|---|
| Research Abstract |
In this research, I compare the mediation practice conducted by judicial scriveners in Japan with that of private mediation centers in the United States. Mediation is a dispute resolution style oriented towards an agreement between disputants. Mediators facilitate interaction between disputants to reach an agreement. However, particularly in disputes between various and different people, disputants are unlikely to reach an agreement easily, and will experience conflict throughout the conversation of the mediation sessions. When the mediators facilitate such an interaction of disputants, I think we may actually observe dynamics outside of the facilitative model. What kind of order do they generate through the mediation process?
|
