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Institutionalizing Mediation: The Evolution of The Civil Liberties Bureau in Japan

Published online by Cambridge University Press:  01 July 2024

Joel Rosch
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Abstract

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The Japanese Civil Liberties Bureau (CLB) was created to promote individual rights but evolved into an organization that mediates disputes between private parties. Unlike comparable institutions in other societies, the CLB is able to mediate large numbers of cases effectively. Although the conditions under which the agency was created and continues to flourish may be unique to Japan, the ability of the CLB to function in a complex, urbanized society should not be attributed to Japanese tradition and culture alone. Instead, institutions like the CLB play an important role in the shaping of that culture, helping the Japanese to settle disputes without litigation and enabling them to perceive their society as one with little need for litigation. The experience of the CLB should make us rethink some of our commonly held assumptions about how the Japanese deal with disputes.

Type
Research Article
Information
Law & Society Review , Volume 21 , Issue 2 , 1987 , pp. 243 - 266
Copyright
Copyright © 1987 The Law and Society Association.

Footnotes

Research for this paper was begun in 1981 under the sponsorship of the North Carolina Japan Center. I gratefully acknowledge the help of Hiroyuki Hata and other members of the Faculty of Law of Hiroshima University, where I was in residence while in Japan.

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Case Cited

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Code Cited

Minji soshō hō (Code of Civil Procedure), arts. 203, 695, 696.Google Scholar

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Statute Cited

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