Best practices in ADR in EU and Japan: an assessment for future legislation

2015 Fiscal Year Final Research Report

• Project/Area Number: 26780058
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Nagoya University
• Principal Investigator: Colombo Giorgio 名古屋大学, 法学(政治学)研究科(研究院), 准教授 (30706784)
• Project Period (FY): 2014-04-01 – 2016-03-31
• Keywords: ADR / Dispute Resolution / EU

Outline of Final Research Achievements

The research was able to achieve the expected results. It properly identified some of the key reasons behind the different success of ADR in EU and Japan: in particular, it could identify clear patterns behind the development (or non-development) of privately-managed, State-supervised ADR. While the EU is pushing hard to promote ADR, also through the use of legislative (i.e. enforceability of the agreement, tax breakdowns) and non-legislative (i.e. education about ADR, institutional cooperation between States and providers of ADR services), Japan seems to be way more cautious, especially when the legislation is concerned. The latest developments in 2015 confirm that Japan is not interested in strengthening privately-managed ADR, and the discussion about amending the legislation reflects this approach. Over two years, the (partial) results of the research were presented in 4 papers and 14 conferences/seminars/invited lectures.

Free Research Field

比較私法