Effective Enforcement of Mediated Agreement in International Family Matters

2015 Fiscal Year Final Research Report

• Project/Area Number: 24530047
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Osaka University
• Principal Investigator: NAGATA MARI 大阪大学, 法学(政治学)研究科(研究院), 教授 (10314436)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 調停 / メディエーション / 執行

Outline of Final Research Achievements

In this research, it has become obvious that there is a huge differences among the Contracting States of Hague Child Abduction Convention concerning the enforcement of mediated agreements, and these differences have caused serious problem in enforcing these agreements. Besides, Japanese style of Cho-tei, is totally different from so-called mediation, and we can say that Japanese Cho-tei is rather "conciliation" than mediation. This might have caused practical problem, because the agreement reached by parties during the sessions of Cho-tei cannot be deemed as Mediated Agreement in the other countries. The one possible solution to this problem might be the effective utilization of "mediation" supplied by the civil sector and the introduction of education/development system of mediators in Japan.

Free Research Field

国際私法