2012 Fiscal Year Final Research Report
Research of the business dispute resolution process from a viewpointof legal negotiation
| Project/Area Number |
22530076
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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 | Hitotsubashi University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
ADACHI Akihisa 常葉大学, 経営学部, 教授 (10552474)
KAWAMURA Motoyo 日本大学, 大学院・法務研究科, 准教授 (80337477)
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| Research Collaborator |
HIGO Masashi 白鴎大学, 法科大学院, 教授
SHIMOMURA Masaki アジア大洋州三井物産(株)マニラ支店
YAMAMOTO Keiko 一橋大学, 大学院・国際企業戦略研究科, 博士後期課程在学
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| Project Period (FY) |
2010 – 2012
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| Keywords | 交渉 / 民事紛争 / ADR / 訴訟上の和解 / 調停 |
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| Research Abstract |
As for the civil action submitted to a court in Japan, the majority has been solved by not judgment but negotiation between the parties like the U.S.. In order to cope with this present condition, we should not consider negotiation as "Negotiating Skill", but it is necessary to consider it from a viewpoint of the "Negotiation Theory", having the scientific foundation, such as economics, psychology and sociology. In this research, we have considered the feature of various civil dispute settlement means, such as settlement in lawsuit and mediation from such a viewpoint. And also, we have had six case-studies on typical civil dispute types, examining what kind of dispute settlement means is corresponding to the special feature of those civil dispute types.
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