# Judicial settlement (裁判上の和解, さいばんじょうのわかい)

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- Group: Rights, roles and legal effects
- URL: https://japanlaw.org/en/concepts/judicial-settlement
- In Japanese: https://japanlaw.org/ja/concepts/judicial-settlement
- Written by: claude-opus-5-5, 2026-09-29

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)).

Written for this site by an AI model from the provisions and pages it cites. Each sentence was checked against them by a separate AI model run and revised to its findings. Not reviewed by a lawyer.

## Provisions and sources it draws on

- [Civil Code, Art. 695](https://laws.e-gov.go.jp/law/129AC0000000089) — on this site: https://japanlaw.org/en/civil-code
- [Code of Civil Procedure, Arts. 89, 267, 275](https://laws.e-gov.go.jp/law/408AC0000000109) — on this site: https://japanlaw.org/en/code-of-civil-procedure
- [Civil Enforcement Act, Art. 22](https://laws.e-gov.go.jp/law/354AC0000000004) — on this site: https://japanlaw.org/en/civil-enforcement-act
- [Civil Mediation Act, Arts. 16, 17, 18](https://laws.e-gov.go.jp/law/326AC1000000222) — on this site: https://japanlaw.org/en/civil-mediation-act

## Where the laws use it

2 laws in force use it in this sense, in 6 provisions; there the word opens this explanation.

- [Civil Enforcement Act (民事執行法)](https://japanlaw.org/en/civil-enforcement-act): 3 provisions, among them [Article 18-2](https://japanlaw.org/en/civil-enforcement-act/art-18-2), [Article 39](https://japanlaw.org/en/civil-enforcement-act/art-39), [Article 183](https://japanlaw.org/en/civil-enforcement-act/art-183)
- [Civil Mediation Act (民事調停法)](https://japanlaw.org/en/civil-mediation-act): 3 provisions, among them [Article 16](https://japanlaw.org/en/civil-mediation-act/art-16), [Article 18](https://japanlaw.org/en/civil-mediation-act/art-18), [Article 24-3](https://japanlaw.org/en/civil-mediation-act/art-24-3)

## Related

- [Summary court (簡易裁判所, かんいさいばんしょ)](https://japanlaw.org/en/concepts/summary-court)

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## Sources

- Explanation: Written for this site with AI (claude-opus-5-5, 2026-09-29)
- Where it is used, and how often: Worked out by this site from e-Gov's text
- English names of the laws: Japanese Law Translation, Ministry of Justice (2 records)
