Role of the Law in the Promotion/Regulation of the Private ADR Activities by the State

2015 Fiscal Year Final Research Report

• Project/Area Number: 24730070
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: The University of Tokyo
• Principal Investigator: Kakiuchi Shusuke 東京大学, 法学(政治学)研究科(研究院), 教授 (10282534)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 裁判外紛争解決手続 / 裁判外紛争処理 / ADR / ADR法 / ADR促進 / 民事訴訟

Outline of Final Research Achievements

This research project aims at establishing a basic theoretical framework concerning the promotion and/or regulation of private ADR and consists in a comparative study of current legislative tendencies in other countries and the reexamination of legal concepts and theories as regards ADR and civil procedure.
As results, it has given a picture of the latest legislative developments in particular in France and Germany under the strong influence of EU legislation. On the other hand, it has proposed a new understanding regarding the relation between ADR and civil procedure based on the analysis of their function in ensuring and promoting the private autonomy of disputants.
Some of these findings have been published in articles in European languages (English and German).

Free Research Field

民事訴訟法