Chapter VII Dispute Resolution

①In order for disputes concerning the rights provided for in this Act to be resolved through mediation, mediators for copyright dispute resolution (hereinafter in this Chapter referred to as "mediators") are placed on staff at the Agency for Cultural Affairs.

②The Commissioner of the Agency for Cultural Affairs delegates up to three mediators for each case, from among persons of learning and experience in matters related to copyright or neighboring rights.

If a dispute arises in connection with a right provided for in this Act, a party to the dispute may file an application for mediation with the Commissioner of the Agency for Cultural Affairs.

①A person that applies for mediation must pay the application fee that has been fixed by Cabinet Order in consideration of actual costs.

②The provisions of the preceding paragraph do not apply if the person that would be required to pay an application fee pursuant to the provisions of that paragraph is the national government.

①If the Commissioner of the Agency for Cultural Affairs receives an application based on the provisions of Article 106 from both parties, or, if the Commissioner receives an application from one of the parties and the other party consents, the commissioner is to refer the matter to mediation by the mediators.

②The Commissioner of the Agency for Cultural Affairs may refrain from referring a matter to mediation if the commissioner finds that the nature of cases renders it inappropriate for mediation, or if the commissioner finds that a party has applied for mediation without due cause and in pursuit of an unjustifiable end.

①A mediator must endeavor to resolve a case by mediating between the parties and ascertaining the salient points of both parties' assertions in line with actual circumstances.

②A mediator may cut the mediation short if the mediator finds there to be no prospect of settling cases.

①When a mediation ends, a mediator must report this to the Commissioner of the Agency for Cultural Affairs.

②If a mediator cuts a mediation short pursuant to the provisions of the preceding Article, the mediator must inform the parties of this and of the reason for doing so, as well as reporting this to the Commissioner of the Agency for Cultural Affairs.

Beyond what is provided for in this Chapter, the necessary particulars of the procedures for mediation and mediators are provided for by Cabinet Order.