Civil Mediation Act

民事調停法（みんじちょうていほう）

Court mediation (調停) of civil disputes: the parties, helped by a judge and civil mediation commissioners, look for a settlement by mutual concession that is reasonable and fits the facts of their case.

Text in force since
Promulgated
Articles: 58
Amendments on the way: 1

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What this law does

When a civil dispute arises, a party may petition a court for mediation, which aims at a settlement reached by mutual concession that is reasonable and fits the actual circumstances. The petition is a written document filed with the court, stating the parties and any legal representatives, what the petitioner asks for (申立ての趣旨) and the main points of the dispute.(Art. 1(1), Art. 2(1), Art. 4-2(1), Art. 4-2(2)) (the provisions it rests on)

Read the full overview

Except where a special provision (特別の定め) applies, the petition goes to the summary court () for the place where the other party (相手方) has its address, residence, business office or office, or to a district court (地方裁判所) or summary court the parties agree on. If the other party has no address or residence in Japan, or it is unknown, the summary court for its last address takes the case; for a company or other body with no office in Japan (or, for a body that is not foreign, none at a known place), it is the summary court for the address of its representative or other person principally in charge — for a foreign body, its representative in Japan. A court that finds a case outside its jurisdiction must, on a petition or on its own initiative, send it to a court that has jurisdiction, unless it finds it especially necessary to send it to another competent court or handle it itself; and even a court that has jurisdiction may, on its own initiative, send a case to another competent court where it finds that suitable.(Art. 3(1), Art. 3(2), Art. 3(3), Art. 3(4), Art. 4(1), Art. 4(3)) (the provisions it rests on)
Until the change takes effect, 13 June 2028 at the latest: When the parties reach an agreement in mediation and it is entered in the court record (調書), the mediation is successful, and that entry has the same effect as a judicial settlement (). This applies until a day a Cabinet Order sets, no later than 13 June 2028, from which the agreement is recorded electronically instead.(Art. 16(1), Suppl. Prov.(1)) (the provisions it rests on)
From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, when the parties reach an agreement in mediation and an electronic record of it (電子調書) is made and stored in the court's files, the mediation is successful, and that record has the same effect as a judicial settlement (裁判上の和解). The electronic record must then be sent to the parties.(Art. 16(1), Art. 16(2), Art. 12-5(1), Art. 12-5(2), Suppl. Prov.(1)) (the provisions it rests on)
If mediation by a committee is unlikely to succeed and the court finds it appropriate, it may, after hearing the committee's civil mediation commissioners and weighing both sides fairly and all the circumstances, make on its own initiative an order in lieu of mediation (調停に代わる決定) that resolves the case without going against what either side asked for, and the order may require payment of money, handing over of things or other property. A party or an interested person may object within two weeks of the day the party was notified of the order, and a lawful objection makes the order lose its effect. If no objection is made in that time, the order has the same effect as a judicial settlement (裁判上の和解).(Art. 17(1), Art. 18(1), Art. 18(4), Art. 18(5)) (the provisions it rests on)
If there is no prospect of the parties agreeing, or the committee finds the agreement they reached not appropriate, and the court makes no order in lieu of mediation, the committee may close the case as unsuccessful (調停の不成立). If the petitioner then sues on the claim the mediation was about within two weeks of being notified that the case closed so, or that an order in lieu of mediation lost its effect on an objection, the lawsuit counts as filed on the day the petition for mediation was filed.(Art. 14(1), Art. 15(1), Art. 18(4), Art. 19(1)) (the provisions it rests on)
A petition for mediation may be withdrawn, in whole or in part, until the mediation case ends; once an order in lieu of mediation has been made, the withdrawal takes effect only with the other party's consent.(Art. 19-2(1)) (the provisions it rests on)
When mediation succeeds and the parties have made no special arrangement about who bears its costs, each side bears its own. The same holds for the costs of a lawsuit or a non-contentious case (非訟事件) that a court sent to mediation, where that mediation succeeds.(Art. 20-2(1), Art. 20-2(2), Art. 20(1), Art. 20(4), Art. 24-2(2)) (the provisions it rests on)

Article 1 states the law's own purpose

Petition for mediationWhich courtMediation committeeSettlement in mediationOrder in lieu of mediationSuing after mediation failsRent increase or decreaseMeasures before mediation

58 133 22 14 5

Amendments

A Japanese law is changed by another law or order that rewrites it — an . This law has 1 amendment on the way — , but . Its amendment history is below. The amendments this site has read the changes of are on this law's amendments page, provision by provision, in Japanese and English.

By 13 June 2028

at the latest, in 2 years

Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.

民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律

The whole text as it will read, on e-Gov

On a day set by , no later than 13 June 2028 — the amending law allows up to five years from . The exact day is not fixed yet.

See what it changes (28 provisions)

11 amendments already in force

21 May 2026
The text on this site
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
The text after this amendment, on e-Gov
21 May 2026
Act Partially Amending the Code of Civil Procedure, etc.
民事訴訟法等の一部を改正する法律
The text after this amendment, on e-Gov
1 October 2025
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
The text after this amendment, on e-Gov
1 June 2025
Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc.
刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律
The text after this amendment, on e-Gov
15 November 2023
Act Partially Amending the Code of Criminal Procedure, etc.
刑事訴訟法等の一部を改正する法律
The text after this amendment, on e-Gov
14 June 2023
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
The text after this amendment, on e-Gov
6 June 2023
Act Partially Amending the Code of Criminal Procedure, etc.
刑事訴訟法等の一部を改正する法律
The text after this amendment, on e-Gov
20 February 2023
Act Partially Amending the Code of Civil Procedure, etc.
民事訴訟法等の一部を改正する法律
The text after this amendment, on e-Gov
17 June 2022
Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc.
刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律
The text after this amendment, on e-Gov
25 May 2022
Act Partially Amending the Code of Civil Procedure, etc.
民事訴訟法等の一部を改正する法律
The text after this amendment, on e-Gov
1 January 2013
e-Gov gives no title for this amendment
The text after this amendment, on e-Gov

Who it applies to

It applies to

The parties to a civil dispute: the petitioner and the other party (相手方), who may be an individual, a company or another association or foundation — including a foreign one, or a person with no address in Japan.(Art. 2(1), Art. 3(2), Art. 3(3), Art. 3(4)) (the provisions it rests on)
Anyone with an interest in the outcome of the mediation (利害関係) may take part in the proceedings with the committee's permission, and the committee may bring such a person in where it finds that appropriate; an interested person may also object to an order in lieu of mediation.(Art. 11(1), Art. 11(2), Art. 18(1)) (the provisions it rests on)

1 more

Civil mediation commissioners (民事調停委員), who serve part-time under rules on appointment and dismissal the Supreme Court () sets: besides sitting on mediation committees, they give opinions from their expert knowledge in other mediation cases on the court's order, hear, where a request (嘱託) has been made, the views of those involved in the dispute it concerns, and do other work the Supreme Court sets.(Art. 8(1), Art. 8(2)) (the provisions it rests on)

Special rules and exceptions (9)

A mediation over the lease or other use of a building lot or building goes to the summary court for where the lot or building is, or to the district court for that place if the parties agree on it.(Art. 24(1)) (the provisions it rests on)
Anyone who wants to sue over a claim to raise or lower land rent under Article 11, or building rent under Article 32, of the Act on Land and Building Leases (借地借家法) must first petition for mediation. If they sue without doing so, the court must send the case to mediation, unless it finds that unsuitable.(Art. 24-2(1), Art. 24-2(2), Act on Land and Building Leases Art. 11(1), Act on Land and Building Leases Art. 32(1)) (the provisions it rests on)
Until the change takes effect, 13 June 2028 at the latest: In a mediation over a claim to raise or lower rent, and in commercial (商事) and mining-pollution mediation, where there is no prospect of agreement or the agreement reached is not appropriate, the committee may, on a petition, set suitable terms of mediation (調停条項) if the parties have agreed in writing, after the petition for mediation was filed, to accept the terms it sets. Once those terms are entered in the court record (調書), the mediation counts as successful, and the entry has the same effect as a judicial settlement (). This applies until a day a Cabinet Order sets, no later than 13 June 2028, from which the terms are recorded electronically instead.(Art. 24-3(1), Art. 24-3(2), Art. 31(1), Art. 33(1), Suppl. Prov.(1)) (the provisions it rests on)
From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, in a mediation over a claim to raise or lower rent, and in commercial (商事) and mining-pollution mediation, where there is no prospect of agreement or the agreement reached is not appropriate, the committee may, on a petition, set suitable terms of mediation (調停条項) if the parties have agreed, after the petition for mediation was filed, to accept the terms it sets. That agreement may be made in writing or in an electronic record, which counts as writing. Once an electronic record of the terms (電子調書) is made and stored in the court's files, the mediation counts as successful, and the record has the same effect as a judicial settlement (裁判上の和解).(Art. 24-3(1), Art. 24-3(2), Art. 24-3(3), Art. 31(1), Art. 33(1), Suppl. Prov.(1)) (the provisions it rests on)
A mediation over the lease or other use of farmland or other farming assets (農地等) goes to the district court for where the farmland is, or to the summary court for that place if the parties agree on it. A ministerial or prefectural farmland official (小作官 or 小作主事) may give opinions to the committee, which must hear that official before it mediates, as must a judge mediating alone. The court must also hear the official before it makes an order in lieu of mediation, and before it sends a case to another court or handles it itself under the discretion Article 4(1), proviso, or Article 4(3) gives it — not before the ordinary transfer of a case outside its jurisdiction.(Art. 25(1), Art. 26(1), Art. 27(1), Art. 28(1), Art. 29(1), Art. 30(1), Art. 4(1), Art. 4(3)) (the provisions it rests on)
A mediation over compensation for mining pollution (鉱害) under the Mining Act (鉱業法), a separate Act, goes to the district court for where the damage occurred. The Director-General of the Regional Bureau of Economy, Trade and Industry (経済産業局長) takes the place of the farmland officials: they may give opinions to the committee, and must be heard before the committee or a judge alone mediates. The court must also hear them before it makes an order in lieu of mediation, and before it sends a case to another court or handles it itself under the discretion Article 4(1), proviso, or Article 4(3) gives it.(Art. 32(1), Art. 33(1), Art. 27(1), Art. 28(1), Art. 29(1), Art. 30(1), Art. 4(1), Art. 4(3)) (the provisions it rests on)
Besides the courts of Article 3, a mediation over compensation where someone was killed or injured by the operation of a motor vehicle may also go to the summary court for where the claimant lives or stays. A mediation over harm from pollution (公害) or from interference with sunlight, ventilation or similar benefits of daily life may also go to the summary court for where the damage occurred or may occur.(Art. 33-2(1), Art. 33-3(1)) (the provisions it rests on)
Besides the courts of Article 3, a mediation over intellectual property may also go to the Tokyo District Court where Article 3 gives jurisdiction to a summary court within the districts of the Tokyo, Nagoya, Sendai or Sapporo High Court, and to the Osaka District Court where it gives jurisdiction to one within the districts of the Osaka, Hiroshima, Fukuoka or Takamatsu High Court. A summary court the parties chose by agreement does not count for this.(Art. 33-4(1), Art. 33-4(1)(i), Art. 33-4(1)(ii)) (the provisions it rests on)
If a court finds a mediation case outside its jurisdiction and it is one a family court (家庭裁判所) can mediate under Article 244 of the Domestic Relations Case Procedure Act (家事事件手続法), a separate Act, the court must, on its own initiative, send it to the family court with jurisdiction, or, where it finds that especially necessary, to another family court.(Art. 4(2)) (the provisions it rests on)

How it is enforced (11)

A court carries out mediation through a mediation committee (調停委員会) made up of a chief mediator (調停主任), who is a judge the district court designates — or, where a court hearing a lawsuit refers it to mediation and handles it itself, one of that court's judges it designates — and two or more civil mediation commissioners (民事調停委員) the court designates for each case. The court may instead let a judge mediate alone where it finds that appropriate, but must use a committee if a party asks for one.(Art. 5(1), Art. 5(2), Art. 6(1), Art. 7(1), Art. 7(2), Art. 20(3)) (the provisions it rests on)
A civil mediator (民事調停官) is a lawyer (弁護士) with at least five years in practice whom the Supreme Court () appoints, part-time, for a two-year term that can be renewed. In the mediation cases the court assigns to them, a civil mediator exercises, independently, the powers in mediation this Act gives a judge, including those of the chief mediator, and some of the powers it gives the court.(Art. 23-2(1), Art. 23-2(3), Art. 23-2(4), Art. 23-3(1), Art. 23-3(2), Art. 23-3(3)) (the provisions it rests on)
The chief mediator directs the committee's proceedings; the committee sets the dates of its sessions and summons those involved in the case, and may hold the mediation at a suitable place outside the court. It may investigate the facts on its own initiative, and take the evidence it finds necessary on a petition or on its own initiative.(Art. 12-2(1), Art. 12-3(1), Art. 12-4(1), Art. 12-7(1)) (the provisions it rests on)
The committee, or a judge mediating alone, may decline to mediate and close the case if it finds the case by its nature unsuitable for mediation, or finds that a party petitioned for mediation for an improper purpose and without due cause.(Art. 13(1), Art. 15(1)) (the provisions it rests on)
Where it finds it especially necessary for the mediation, the committee may, on a party's petition, order the other party or others involved in the case, as a measure before mediation (調停前の措置), not to change the present state of things or dispose of property, or to stop any other act that would make what the mediation is about impossible or much harder to achieve. The measure cannot be enforced (執行力を有しない), but under Article 35 the court fines a party or participant who disobeys it without good reason up to 100,000 yen (a civil fine, 過料).(Art. 12(1), Art. 12(2), Art. 15(1), Art. 35(1)) (the provisions it rests on)
Under Article 34, a person involved in the case who is summoned by the court or the committee and fails to appear without good reason is fined by the court up to 50,000 yen (a civil fine, 過料). A civil fine is collected on a judge's order, which has the same effect as an enforceable title of obligation (執行力のある債務名義).(Art. 34(1), Art. 36(1)) (the provisions it rests on)
A court hearing a lawsuit may, where it finds it suitable, refer the case to mediation on its own initiative and handle it itself or have the competent court handle it — but not, without the parties' agreement, once the issues and evidence have been sorted out (争点及び証拠の整理). If the referred mediation succeeds, or an order in lieu of mediation becomes final, the lawsuit is treated as withdrawn. While a mediation on the same case is under way, the court may suspend the lawsuit, again not after the issues and evidence have been sorted out unless the parties agree.(Art. 20(1), Art. 20(2), Art. 20-3(1)) (the provisions it rests on)
Chapter 3 (罰則, penal provisions) also makes crimes of leaks by civil mediation commissioners, serving or former: disclosing without good reason how the committee's deliberations went, the opinions of the chief mediator or commissioners, or how many held each view, is punished by a fine of up to 300,000 yen. Disclosing without good reason a person's secret learned through their work is punished by imprisonment (拘禁刑) of up to one year or a fine of up to 500,000 yen.(Art. 37(1), Art. 38(1)) (the provisions it rests on)
Until the change takes effect, 13 June 2028 at the latest: A party, or a third party who shows grounds for an interest in the case (利害関係を疎明した第三者), may ask the court clerk (裁判所書記官) to let them inspect or copy the case record, to issue an authenticated copy, transcript or extract of it, or to issue a certificate about the case; Article 12-6(2) also applies Article 91(4) and (5) of the Code of Civil Procedure (民事訴訟法), a separate Act, to that record. This applies until a day a Cabinet Order sets, no later than 13 June 2028, from which the record may also be kept electronically.(Art. 12-6(1), Art. 12-6(2), Suppl. Prov.(1)) (the provisions it rests on)
From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, a party, or a third party who shows grounds for an interest in the case (利害関係を疎明した第三者), may ask the court clerk (裁判所書記官) to let them inspect or copy the paper part of the case record or to issue an authenticated copy, transcript or extract of it. For the part stored in the court's files, they may ask, as Rules of the Supreme Court (最高裁判所規則) set, to view it, to have it copied to them, or to be given a document or electronic record certified to match it; they may also ask for a certificate of matters about the case. Article 12-6(2) applies Article 91(4) and (5) of the Code of Civil Procedure (民事訴訟法), a separate Act, to the paper part, and Article 12-7(4) applies its Article 91(5) to viewing and copying the part in the court's files; Article 12-9, headed the restriction of access to protect secrets, applies its Article 92 to inspecting, copying and being given copies of either part.(Art. 12-6(1), Art. 12-6(2), Art. 12-7(1), Art. 12-7(2), Art. 12-7(3), Art. 12-7(4), Art. 12-8(1), Art. 12-9(1), Suppl. Prov.(1)) (the provisions it rests on)
For petitions and other statements in mediation, this Act applies, with adapted wording, rules from Part I, Chapter 8 of the Code of Civil Procedure (民事訴訟法), a separate Act, on keeping a party's address, name and similar details secret (当事者に対する住所、氏名等の秘匿), and extends them to a person who has joined the proceedings as a participant.(Art. 21-2(1)) (the provisions it rests on)

How it connects to other laws

Cites this lawLawThis law cites it

1
Act on Land and Building Leases
2

It also names 22 laws not yet held here.

Where the translation comes from

162
59
20not translated

The Ministry of Justice's translation is shown only where the Japanese it translates matches the law in force today. Everywhere else the English is a machine translation, marked on the paragraph itself.

Only the Japanese is the law, and no lawyer has reviewed the machine translation.

Sources

Everything this page rests on

e-Gov (Digital Agency)民事調停法 — the text in force from 2026-05-21Original
e-Gov (Digital Agency)民事調停法 — revision historyOriginal
Japanese Law Translation, Ministry of JusticeCivil Mediation Act — Ministry of Justice translationOriginal
Machine translation, not official
Written for this site with AIEnglish titles of amending laws, written for this site
Written for this site with AIDescriptions of each law, written for this site
Written for this site with AICorrections to the Ministry of Justice's English of paragraphs
Worked out by this site from e-Gov's text

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