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.
These days many lawsuits are filed to settle disputes regarding complex technical issues in fields such as medicine, construction or intellectual property. For cases such as these, Japanese law was modified in 2003 to allow the court may arrange for the participation of a technical adviser in the proceedings to explain issues and evidence. The technical adviser can better help the court and the parties understand the complex technical issues involved in the case.
The complaint is one of the most critical documents filed in litigation. It is the first filing made by the plaintiff and contains the plaintiff’s goals, reasoning and supporting evidence. It is also the first document received by the defendant to inform him or her about the litigation. Therefore, a mistake in the complaint can have drastic consequences.