judicial settlement裁判上の和解
A settlement (和解) is an agreement in which the parties each give way to end a dispute between them (Civil Code, Article 695). A judicial settlement is one reached in court proceedings, which the Code of Civil Procedure provides for both during a lawsuit and before one: a court may try to bring the parties to a settlement at any stage of a lawsuit (Code of Civil Procedure, Article 89, paragraph (1)), and, in a civil dispute, a party may apply for a settlement before any lawsuit is filed, to the summary court (簡易裁判所) for the place where the other party is generally sued, usually where it lives or has its main office (Article 275, paragraph (1)). Once the court clerk makes an electronic record of the settlement and records it in the court's files, that record has the same effect as a final and binding judgment (確定判決) (Article 267, paragraph (1)), and anything with that effect is a title of obligation (債務名義) on which compulsory execution (強制執行) can be carried out (Civil Enforcement Act, Article 22, paragraph (1), item (vii)). An agreement reached in court mediation and entered in the court's record has the same effect as a judicial settlement, and so does a court's decision in lieu of mediation that no one objects to within two weeks of the day the parties are notified of it (Civil Mediation Act, Articles 16 and 17, and Article 18, paragraphs (1) and (5)).
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Written by AI using Civil Code, Art. 695, Code of Civil Procedure, Arts. 89, 267, 275, Civil Enforcement Act, Art. 22 and Civil Mediation Act, Arts. 16, 17, 18 as a reference.