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Outline of the Arbitration and Mediation Center

What is the Niben Arbitration and Mediation Center?
The Niben Arbitration and Mediation Center is an organization for dispute resolution run by the Dai-ni Tokyo Bar Association. It was established in March 1990, as the first system of ADR to be run by a bar association in Japan. Since its establishment, it has dealt with more than 2,000 cases and resolved more than 800 cases.

What is Arbitration?
The term "arbitration" or "chusai" generally means the act of mediating between the disputing parties to help them reach a settlement peacefully. However, in the legal sense, "arbitration" means a decision (or "award") made by a third party arbitrator or arbitrators based on a prior agreement between the disputing parties that they will comply with such decision. An award of an arbitrator has the same force as a judgment of a court. Once a binding award has been made, the parties may not raise the same matter before a court.

What is Mediation?
Mediation is a method of dispute resolution in which a third party mediator or mediators lead disputing parties towards a settlement by hearing the allegations of the parties, and helping them to reach agreement by actively proposing solutions.

How are Mediation and Arbitration Different from Conciliation Proceedings in Court?
Conciliation proceedings in court are the same as mediation at the Arbitration and Mediation Center in that they both aim to assist parties to reach an agreement through hearing the parties' allegations. However, in the case of conciliation proceedings in court, there are certain restrictions on court-based conciliation proceedings under laws such as the Civil Conciliation Law. Accordingly, conciliation proceedings lack flexibility as, for example, you may not choose the conciliator, and you cannot expect a quick on-site investigation. In contrast, mediation proceedings at the Arbitration and Mediation Center are much more flexible and are based on the needs of users. You can appoint the mediator and designate the date, time and location of the hearing, and mediators will not hesitate to conduct on-site investigations.

How are Mediation and Arbitration Different from the Legal Counselling Service?
The legal counselling service is a legal service where lawyers provide legal advice to the people who consult them. Mediation or arbitration differs from legal counselling in that mediators or arbitrators conduct a hearing with both parties, and propose to both parties a solution or make a decision on neutral and impartial grounds.

How to Submit a Request
You can download the form of request. Please fill in details of your claim(s) and allegation(s) and submit the form to the Arbitration and Mediation Center with the filing fee of 10,500 yen (tax included). If you have any evidence to support your claims, please attach it to the form.