Litigation and ADR

September 19, 2017

Can witnesses appear by video conference in Japan?

While trials in Japan normally take place as close as possible to the location of witnesses and evidence, sometimes witnesses from far away locations must be consulted on some aspect of the trial.  However, having these witnesses come to the court from a faraway location is not always possible.  Therefore, in order to facilitate the appearance of witnesses from remote areas, Japanese courts sometimes allow for the examination of witnesses by video conference.
August 24, 2017

What is the difference between arbitration and mediation?

As alternatives to litigation, mediation and arbitration both share some similarities, but it is important to know the differences between the two before choosing which method is right for your situation.  In general, mediation can only end with an agreement between the parties, while arbitration can end with a decision by an arbitrator.
August 1, 2017

What types of cases do public prosecutors handle in Japan?

Public prosecutors in Japan handle a variety of cases but in general they are split between two types: violations of Japan’s penal code (criminal cases) and violations of traffic laws.  Statistically, the numbers of these cases are similar but criminal cases make up a small majority.
July 5, 2017

Are most cases settled in Japan?

Many cases in Japan are settled by the parties before the final judgment is delivered.  Many judges actually encourage parties to settle their disputes as it is usually easier to enforce an agreement that both parties have negotiated rather than an order granted by a judge.