Conciliation - Japan

Japan

Japanese law makes extensive use of conciliation (調停, chōtei?) in civil disputes. The most common forms are civil conciliation and domestic conciliation, both of which are managed under the auspices of the court system by one judge and two non-judge "conciliators."

Civil conciliation is a form of dispute resolution for small lawsuits, and provides a simpler and cheaper alternative to litigation. Depending on the nature of the case, non-judge experts (doctors, appraisers, actuaries, and so on) may be called by the court as conciliators to help decide the case.

Domestic conciliation is most commonly used to handle contentious divorces, but may apply to other domestic disputes such as the annulment of a marriage or acknowledgment of paternity. Parties in such cases are required to undergo conciliation proceedings and may only bring their case to court once conciliation has failed.

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