Civil Mediation Act

The purpose of this Act is to aid the resolution of civil disputes through mutual concession between relevant parties with reason, taking the circumstances of the dispute into consideration.

If a civil dispute arises, a relevant party may file a petition for mediation with a court.

①Except as otherwise provided, a mediation case is under the jurisdiction of the summary court that has jurisdiction over the location of the domicile, residence, business office, or any other office of the respondent, or of the district court or summary court agreed to by the relevant parties.

②A mediation case is under the jurisdiction of the summary court that has jurisdiction over the last domicile of the respondent (excluding a corporation or any other association or foundation) if the respondent has no domicile or residence in Japan or the respondent's domicile or residence is unknown.

③A mediation case in which the respondent is a corporation or any other association or foundation (excluding foreign association or foundation) is under the jurisdiction of the summary court that has jurisdiction over the domicile of its representative or any other person principally in charge of its business if the respondent has no office or business office in Japan, or the location of its office or business office is unknown.

④A mediation case in which the respondent is a foreign association or foundation is under the jurisdiction of the summary court that has jurisdiction over the domicile of its representative or any other person principally in charge of its business in Japan if the respondent has no office or business office in Japan.

①If the court finds that all or part of a mediation case is not under its jurisdiction (excluding a case as prescribed in the main clause of the following paragraph), the court must, upon petition or by its own authority, transfer the case to the district court or summary court that has jurisdiction; provided, however, that if the court finds it particularly necessary for handling the case, it may, by its own authority, transfer all or part of the case to another court with jurisdiction or handle the case itself, notwithstanding the provisions on territorial jurisdiction.

②If the court finds that all or part of a mediation case is not under its jurisdiction, and the case is one which a family court may mediate pursuant to the provisions of Article 244 of the Domestic Relations Case Procedure Act (Act No. 52 of 2011), the court must, by its own authority, transfer the case to the family court that has jurisdiction; provided, however, that if the court finds it particularly necessary for handling the case, it may transfer all or part of the case to another family court, notwithstanding the provisions on territorial jurisdiction.

③Even if a mediation case brought to the court falls under its jurisdiction, if the court finds it appropriate for handling the case, by its own authority, it may transfer all or part of the case to another court under whose jurisdiction the case falls, notwithstanding the provisions on territorial jurisdiction.

①A petition for mediation must be filed by submitting a written petition to the court.

②The written petition referred to in the preceding paragraph must state the following matters:

①The court carries out mediation through a mediation committee; provided, however, that if the court finds it appropriate, mediation may be carried out only by a judge.

②Upon the petition of a relevant party, the court must carry out the mediation through a mediation committee, notwithstanding the provisions of the proviso to the preceding paragraph.

A mediation committee is composed of a chief mediator and two or more civil mediation commissioners.

①The chief mediator is a judge designated by a relevant district court.

②A civil mediation commissioner who constitutes a mediation committee is designated by the relevant court for each case.

①A civil mediation commissioner is to, if ordered by the court, state their opinion with regard to other mediation cases based on their expert knowledge and experience, hear opinions from the persons relevant to those cases in order to resolve the dispute, and perform other necessary affairs specified by the Supreme Court for handling mediation cases, in addition to participating in mediation carried out by the mediation committee they are affiliated with.

②A civil mediation commissioner serves part-time, and important particulars concerning their appointment and dismissal are specified by the Supreme Court.

①The provisions of Article 11, Article 13, paragraphs (2), (8), and (9), and Article 14, paragraph (2) (excluding the parts concerning a challenge) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011) apply mutatis mutandis to the disqualification of a civil mediation commissioner.

②A judicial decision on the disqualification of civil mediation commissioner is made by the court to which the civil mediation commissioner belongs.

A civil mediation commissioner is paid an allowance as separately provided by law, and is also paid travel expenses, a daily allowance, and accommodation expenses as specified by the Supreme Court.

①A person with an interest in the outcome of mediation may participate in mediation proceedings, with the permission of the mediation committee.

②The mediation committee, if it finds it appropriate, may have any person with an interest in the outcome of mediation participate in mediation proceedings.

①If the mediation committee finds it particularly necessary as a measure prior to mediation, it may prohibit the respondent or any other person concerned with the case from changing the existing state of or disposing of any property, or order them to cease and desist any action that would make it impossible or particularly difficult to achieve the subject matter of the mediation upon the petition of a relevant party.

②The measure stated in the preceding paragraph is not enforceable.

Mediation proceedings conducted by a mediation committee are subject to the control of the chief mediator.

A mediation committee must specify the appearance date for mediation proceedings and issue a summons of relevant persons.

A mediation committee may mediate cases at an appropriate location outside of court in light of circumstances surrounding the case.

The court clerk must prepare a record for the date of mediation proceedings; provided, however, that this does not apply if the chief mediator finds it unnecessary to do so.

①The parties to a case or any third party that makes a prima facie showing of interest in the case may file a request with the court clerk to inspect or copy the mediation case records, to issue an authenticated copy, transcript or extract of those records, or to issue a certificate concerning the mediation case.

②The provisions of Article 91, paragraphs (4) and (5) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the record referred to in the preceding paragraph.

①A mediation committee may examine facts by their own authority and examine evidence as necessary upon petition to do so or by its own authority.

②A mediation committee may have their chief mediator examine facts or examine evidence.

If a mediation committee finds that a case is unsuitable for mediation due to its nature, or finds that a party has filed a petition for mediation for an unjust purpose and without due cause, the mediation committee may decide not to carry out the mediation and close the case.

If there is no likelihood of the parties reaching an agreement or if the mediation committee finds that the agreement reached is inappropriate, and the court does not issue an order referred to in Article 17, the mediation committee may deem the mediation unsuccessful and close the case.

The provisions of Article 11 through the preceding Article apply mutatis mutandis to cases in which mediation is carried out only by a judge.

If an agreement is reached between parties during mediation and it is entered in a record, the mediation is deemed successful, and the entry has the same effect as a judicial settlement.

If mediation carried out by a mediation committee is unlikely to be successful, and the court finds it appropriate, it may issue an order as necessary to resolve the case after hearing the opinions of the civil mediation commissioners in the mediation committee by its own authority and to an extent that does not contradict the objectives of the parties' petitions, giving consideration to equitable treatment of the interests of both parties, and taking into account all relevant circumstances. Through this order, the court may order the payment of money, delivery of an item, or any other provision of economic benefit.

①A relevant party or any interested person may file an objection to an order referred to in the preceding Article. The period for filing an objection is two weeks from the day on which the party receives notice of the order.

②If the court finds the objection under the provisions of the preceding paragraph to be defective, it must dismiss the objection.

③An immediate appeal against a judicial decision to dismiss an objection pursuant to the provisions of the preceding paragraph has the effect of stay of execution.

④If a lawful objection is filed, the order referred to in the preceding Article ceases to have effect.

⑤If no objection is filed within the period referred to in paragraph (1), the order referred to in the preceding Article has the same effect as a judicial settlement.

If a case is closed pursuant to the provision of Article 14 (including as applied mutatis mutandis pursuant to Article 15) or if an order ceases to have effect pursuant to the provisions of paragraph (4) of the preceding Article, and the petitioner then files an action with regard to the claim for which mediation was sought within two weeks from the day on which the petitioner receives the notice to that effect, that the action is deemed to have been filed at the time of the filing of the petition for mediation.

A petition for mediation may be withdrawn in whole or in part while a mediation case is open; provided, however, that the withdrawal does not become effective without the consent of the respondent after an order referred to in Article 17 is made.

①If the court in charge of a case finds it appropriate, it may by its own authority refer the case for mediation and handle the case itself or have the case handled by a court which has jurisdiction over the case; provided, however, that this does not apply to cases in which there is no agreement by the parties after the arrangement of the issues and evidence of the case have been completed.

②If the case is referred for mediation pursuant to the provisions of the preceding paragraph, and the mediation is successful or an order referred to in Article 17 becomes final and binding, the action is deemed to be withdrawn.

③If the court in charge of a case carries out the mediation process itself pursuant to the provisions of paragraph (1), notwithstanding the provisions of Article 7, paragraph (1), the chief mediator is designated by the court in charge of the case from among its judges.

④The provisions of the preceding three paragraphs apply mutatis mutandis if a non-contentious case is referred for mediation.

①If mediation is successful, and the bearing of mediation costs is not specified, each person bears their own expenses.

②If mediation is successful in a suit or non-contentious case that has been referred for mediation pursuant to the provisions of paragraph (1) of the preceding Article (including as applied mutatis mutandis pursuant to paragraph (4) of that Article) and Article 24-2, paragraph (2), and the bearing of expenses for proceedings of the suit or non-contentious case is not specified, each party bears their own expenses.

①If a suit is pending for a case for which a petition for mediation is filed, or a case is referred for mediation pursuant to the provisions of Article 20, paragraph (1) or Article 24-2, paragraph (2), the court in charge of the case may suspend litigation proceedings while the mediation case is open; provided, however, that this does not apply to cases in which there is no agreement by the parties after the arrangement of the issues and evidence of the case has been completed.

②The provisions of the preceding paragraph apply mutatis mutandis if a non-contentious case is pending for a case for which a petition for mediation has been filed, or a non-contentious case is referred for mediation pursuant to the provisions of Article 20, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of that Article.

An immediate appeal may be filed against an order other than a final order made in mediation proceedings, as provided for by the Rules of the Supreme Court in addition to what is provided for in this Act.

The provisions of Part I, Chapter VIII of the Code of Civil Procedure (excluding Article 133-2, paragraphs (5) and (6) and Article 133-3, paragraph (2)) apply mutatis mutandis to petitions and other statements in mediation proceedings. In such a case, the term "party" in Article 133, paragraph (1) of that Code is deemed to be replaced with "party or participant (meaning a person who has participated in mediation proceedings pursuant to the provisions of Article 11 of the Civil Mediation Act (including as applied mutatis mutandis pursuant to Article 15 of that Act); the same applies in Article 133-4, paragraphs (1), (2) and (7))"; the phrase "case records, etc. (meaning case records or the records of a case pertaining to a petition for a disposition under Article 132-4, paragraph (1); hereinafter the same applies in this Chapter)" in paragraph (3) of that Article is deemed to be replaced with "mediation case records", and the phrase "access to case records, etc. (meaning access to case records, access to non-electronic or non-magnetic records of dispositions for the collection of evidence, or access to electronic or magnetic records of dispositions for the collection of evidence; hereinafter the same applies in this Chapter) with regard to" in that paragraph is deemed to be replaced with "inspection or copying, or issuance of a transcript or extract, of"; the phrase "access to case records, etc. pertaining to" in Article 133-2, paragraph (1) of that Code is deemed to be replaced with "inspection or copying, or issuance of a transcript or extract, of"; the phrase "in the case records, etc." in paragraph (2) of that Article is deemed to be replaced with "in the mediation case records"; the phrase "access to case records, etc. pertaining to" in that paragraph and paragraph (3) of that Article is deemed to be replaced with "inspection or copying, issuance of an authenticated copy, transcript or extract, or reproduction, of"; the phrase "document or electronic or magnetic record stating or recording" in Article 133-3, paragraph (1) of that Code is deemed to be replaced with "document stating", the phrase "that document or electronic or magnetic record" in that paragraph is deemed to be replaced with "that document", and the phrase "or electronic or magnetic record, or any other similar document or electronic or magnetic record, access to case records, etc. pertaining to" in that paragraph is deemed to be replaced with "or any other similar document, inspection or copying, or issuance of a transcript or extract, of"; the phrase "person ... case records, etc." in Article 133-4, paragraph (1) of that Code is deemed to be replaced with "party or participant, or third party that has made a prima facie showing of interest, ... mediation case records"; the term "party" in paragraph (2) of that Article is deemed to be replaced with "party or participant", the phrase "where the case records, etc. are kept" in that paragraph is deemed to be replaced with "where the mediation case records are kept", and the phrase "access to case records, etc." in that paragraph is deemed to be replaced with "inspection or copying, issuance of an authenticated copy, transcript or extract, or reproduction"; and the term "party" in paragraph (7) of that Article is deemed to be replaced with "party or participant".

Except as otherwise provided, the provisions of Part II of the Non-Contentious Case Procedures Act apply mutatis mutandis to mediation, unless contrary to its nature; provided, however, that this does not apply to the provisions of Articles 40, 42-2, and 52 of that Act.

Important particulars not provided for in this Act concerning mediation are specified by the Supreme Court.

①A civil mediator is appointed by the Supreme Court from among attorneys-at-law who have served in that capacity for not less than five years.

②A civil mediator performs duties necessary for processing mediation cases, as provided for by this Act.

③A civil mediator is to hold office for two years, and may be reappointed.

④A civil mediator serves on a part-time basis.

⑤A civil mediator is not to be dismissed during their term of office, except for in cases falling under any of the following items:

⑥Important particulars not provided for in this Act concerning the appointment and dismissal of civil mediators are specified by the Rules of the Supreme Court.

①A civil mediator handles mediation cases as designated by the court.

②In the course of processing mediation cases that the civil mediator handles, they may exercise the authority prescribed in the proviso to paragraph (3) of the following Article and the authorities in relation to civil mediation or special mediation (including the authority vested in the chief mediator) provided as those to be exercised by a judge under the provisions of this Act (including the provisions of the Non-Contentious Case Procedures Act as applied mutatis mutandis pursuant to Article 22) and the provisions of the Act on Special Mediation for Expediting Arrangement of Specified Debts (Act No. 158 of 1999), and may also exercise the following authorities:

③A civil mediator performs their duties independently.

④A civil mediator may, when exercising their authority, give orders to a court clerk as necessary concerning their duties. In this case, the provisions of Article 60, paragraph (5) of the Courts Act (Act No. 59 of 1947) apply mutatis mutandis to a court clerk who has received an order from a civil mediator.

①With regard to the disqualification of and challenge to a civil mediator, the provisions of Article 11, Article 12, and Article 13, paragraphs (2) through (4), paragraph (8), and paragraph (9) of the Non-Contentious Case Procedures Act apply mutatis mutandis.

②If a judicial decision to dismiss a petition to challenge is made on any of the grounds stated in the items of Article 13, paragraph (5) of the Non-Contentious Case Procedures Act, the mediation proceedings are not stayed, notwithstanding the provisions of the main clause of paragraph (4) of that Article as applied mutatis mutandis pursuant to the preceding paragraph.

③A judicial decision on disqualification of or a challenge to a civil mediator is made by the court to which the civil mediator belongs, and a judicial decision on disqualification of or a challenge to a civil mediator who belongs to a summary court is made by the district court that has jurisdiction over the locality of the summary court; provided, however, that the judicial decision referred to in the preceding paragraph may be made by a civil mediator who has been challenged.

A civil mediator is paid an allowance as separately provided for by law and is also paid travel expenses, a daily allowance, and accommodation expenses as specified by the Supreme Court.