Observation of the Law on ADR

Abstract

This article is based on the data of conversation of a case in an uncertificated private mediation organization.Uncertificated private mediation organizations are also regulated by a part of Act on Promotion of Use of ADR in Japan. A lot of these organizations serve facilitative model mediation. Then this model is so useful for them to acquire transparency and legitimacy. The parties are shaped as the subjects who communicate in facilitative mediation style, according to the mediator’s skillful practice in the mediation process. But a facilitative mediation does not really proceed toward the agreement evolutionally like the model. Some parties go back to their past events at the stage of brainstorming. These parties resist the power of domination to confine them to the model’s conversation style. At the same time, the most important matter for them is emerging.