Dispute resolution solutions that fit your needs
Our office has extensive experience in litigation, arbitration, and other dispute resolution proceedings in Japan. Even if your dispute does not seem likely to lead to litigation, it is essential to have a confident and strong litigation team prepared for the possibility of a trial to increase the pressure to settle on any opposing parties.
We employ cost-effective dispute resolution tactics and strategies while achieving maximum results for our clients. We handle a broad spectrum of sophisticated business, employment, real estate and cross border cases. Our attorneys routinely appear before mediators and both Japanese trial and appellate courts in the prosecution and defense of our clients’ claims in Japan.
How does litigation in Japan work?
Lawsuits in Japan start with the filing of a complaint at a court with jurisdiction over the case. Next, the defendant has the chance to file an answer. The complaint and answer are critical points in the litigation that allow the parties their first opportunity to explain their case.
Once the litigation has started the judge in charge of the case will order a proceeding to arrainge the issues and evidence and establish a general timeline for the litigation. Discovery also happens at this point but to a much more limited extent than in America.
Oral argument is the next step in the litigation process and allows the judge to question the parties beyond what they stated in their original filings. Small cases can be finished in one hearing but longer cases may require many days to present all the necessary witnesses and evidence. In Japan, bengoshi are the only legal professionals allowed to represent clients in court.
A trial will either end in a settlement or an order from the judge. Settlements are reached between the parties on terms that both parties can agree to. An order by the judge carries the risk that the losing party may appeal.
We help our clients choose the best way to resolve their disputes
Mr. Ohara is a respected authority in arbitration, possessing many years experience, both as an advocate and as a neutral party, in respective arbitrations in Japan and around the world. Our firm focuses on crafting effective and enforceable solutions to our clients’ disputes. We recognize that the effective enforcement of an award is just as important as the actual win. Arbitration is a form of dispute resolution increasingly influential as a means of resolving disputes without resorting to litigation and is often more economical than resorting to a trial.
If you have a dispute involving Japan that you would like our help litigating or have questions the the Japanese litigation process, please don’t hesitate to contact our office.
Do you need help collecting a debt owed to you?
Collecting a debt owed to you in a foreign country can be an intimidating and frustrating process. Let our office help you pursue any outstanding debts owed to you or your company by an entity in Japan.
Our office has extensive experience in handling every aspect of the collection of a liability or enforcement of a legal obligation in Japan, from initial research into the location of the debtor to enforcing a payment order obtained from a Japanese court. We pursue these matters from every angle and work hard to ensure that your legal rights are upheld. Depending on the circumstances and type of debt, our offices may be able to work on a contingency fee basis, only collecting a fee if we are able to enforce payment of your debt. If you have an outstanding credit owed to you from someone in Japan, please don’t hesitate to contact our office to help you collect what you are owed.