Arbitration and Mediation fee Regulations
Article 1 (Details of Fees)
1. The fees for arbitration and mediation under Article 6 of the Mediation Center Rules (Rule No. 30, 2002) shall comprise filing fees, hearing fees, and resolution fees.
Article 2 (Filing Fees)
1. At the time of making a petition, a Claimant shall pay to the Center a filing fee of 10,000 yen.
2. After acceptance of the petition, the filing fee shall not be refunded; provided that one half the amount shall be refunded in the following cases:
(i) where the Claimant withdraws the petition without attending even one Hearing due to the fact that the Respondent does not agree to mediation proceedings: or
(ii) where mediation proceedings are terminated pursuant to Article 30, Paragraph 1 of the Rules of Procedure for Arbitration and Mediation and a request for refund is made by the Claimant within one month of the termination notice being sent.
Article 3 (Hearing Fees)
1. Prior to the commencement of mediation hearings, the Claimant and the Respondent shall each pay a hearing fee of 5,000 yen to the Center.
2. Where either the Claimant or the Respondent has agreed to bear the hearing fee for the mediation proceedings for both parties, that party shall pay the hearing fees for both parties to the Center in accordance with Paragraph 1.
3. When the Claimant or the Respondent is indigent or other special circumstances exist, the Center can waive the hearing fee based on the opinion of the arbitrator or the mediator (the "Arbitrator(s)/Mediator(s)").
Article 4 (Resolution Fees)
1. If an arbitration award is given or settlement agreement is concluded, the Claimant and the Respondent shall pay to the Center a resolution fee determined by the Center based on the standard amounts set out below. For this purpose, the amount in dispute shall be deemed to be the amount of pecuniary benefit shown as the settlement amount in the arbitration award or settlement agreement; provided that amounts less than 1,000 yen shall be disregarded.
The resolution fee shall be as follows, in respect of the amount in dispute:
- 8% for the portion up to 3,000,000 yen;
- 3% for the portion in excess of 3,000,000 yen and up to 15,000,000 yen;
- 2% for the portion in excess of 15,000,000 yen and up to 30,000,000 yen;
- 1 % for the portion in excess of 30,000,000 yen and up to 50,000,000 yen;
- 0.7% for the portion in excess of 50,000,000 yen and up to 100,000,000 yen;
- 0.5% for the portion in excess of 100,000,000 yen and up to 1,000,000,000 yen; and
- 0.3% for the portion in excess of 1,000,000,000 yen.
2. If calculation of the amount in dispute is difficult or impossible, the Center shall, based on the opinion of the Arbitrator(s)/Mediator(s) deem the amount in dispute to be any one of 300,000 yen, 1,000,000 yen, or 5,000,000 yen and calculate the resolution fee on this basis. Where the arbitration award denies the claim, the amount in dispute shall be decided by the Center on the basis of the opinion of the Arbitrator, considering factors such as the claimed amount, and the actual circumstances of the dispute.
3. The Center may reduce the resolution fee by up to 30%, depending on the details of the case and based on the opinion of the Arbitrator(s)/Mediator(s).
4. The Center may waive the resolution fee entirely when the Claimant or other party is indigent or other special circumstances exist, in the opinion of the Arbitrator(s)/Mediator(s).
5. The allocation of liability for the resolution fee as between the Claimant and the Respondent shall be decided by the Arbitrator(s)/Mediator(s).