Theory building on analyzing the functions of private mediation

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380009
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Kyushu University
• Principal Investigator: Irie Hideaki 九州大学, 法学(政治学)研究科(研究院), 准教授 (50600029)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 調停 / 裁判外紛争解決 / 調停トレーニング / メディエーション

Outline of Final Research Achievements

Efforts to theory building on modern mediation have been done. Mediation procedures are used in the various contexts and in the various ideologies. Japanese scholars and practitioners have not reached their consensus why mediation procedures are useful in our society.Though modern mediation training programs have been introduced in Japan, many of them regard them as mere bunch of manipulative techniques.Then, making the bridge between the theories and practices is crucial in the field.Through examining practicing mediation in Japan (especially in the private ADR centers), the author proposed a framework of mediation practices.The framework was introduced by the book long literature at the JCA journal. In the framework, mediation should not be understood as a cheap method to obtain standardized solution, but it can be conceptualized as an opportunity that people in trouble are supported by mediators and the environment in order to explore their customized plans.

Free Research Field

紛争管理論