Procedures for the Family ADR Center

What is ADR?
ADR (Alternative Dispute Resolution) is a private mediation service. It involves neutral experts mediating discussions between parties. 

1. Certification and Areas of Service
   Our center is certified by the Minister of Justice as a “Kaiketsu Support” organization, guaranteeing fairness, neutrality, and expertise (Certification No. 153). We handle issues within families, such as divorce and inheritance.

2. Appointment of Mediators
   Mediators who assist in discussions must meet one of the following qualifications and experiences:

   1. More than 5 years of experience as a Family Court investigator.
   2. More than 3 years of experience as a Family Conciliation Committee member with a certain number of cases.
   3. A qualified lawyer.

3. Fees and Payment Methods (excluding tax)

   1. The fees are as follows:
      • Initial Fee (Petitioner): 10,000 yen (Mediation Application Fee)
      • Initial Fee (Respondent): 10,000 yen (Mediation Request Fee)
      • Session Fee: 10,000 yen per session
      • Agreement Drafting Fee (without enforceability): 15,000 yen
      • Agreement Drafting Fee (with enforceability): 30,000 yen
   2. The petitioner’s initial fee must be paid at the time of application. The respondent’s initial fee, along with the session fees, should be paid before the first session.
   3. Session fees must be paid before the first session. Although fees for five sessions are typically collected upfront, you may opt to pay per session. If fewer than five sessions are held, the remaining amount, minus a transfer fee (220 yen), will be refunded.

4. Standard Procedure for Mediation

   1. Discussion Period: Each mediation session typically lasts about one hour. The goal is to reach an agreement within four sessions or three months, though this period is only a guideline.
   2. Online Mediation: Mediation is conducted online (via Zoom) by default. If there are special circumstances, face-to-face mediation is available, but if one party prefers online, the mediator will also participate online.
   3. Joint or Separate Sessions: Mediation is usually conducted with both parties present, but separate sessions are available upon request, using Zoom’s breakout room feature.
   4. Document Submission: Documents submitted (including the application and intention confirmation forms) are generally disclosed to the other party, unless there is a need for confidentiality due to issues like domestic violence.

5. Confidentiality
   All center staff have a duty of confidentiality and have submitted written oaths to not disclose any information about the dispute, mediation process, or outcome without a legitimate reason.

6. Ending the Procedure
   Either party can withdraw or request to end the mediation at any time. If during the discussions, this request is made orally, and if between sessions, it must be submitted in writing.

7. When Mediation is Unlikely to Succeed
   If the mediator determines that no agreement is likely, they will report this to the center director, who will then decide to terminate the process and notify both parties in writing.

8. Upon Agreement

   1. Agreement Document: If an agreement is reached, the mediator will prepare and deliver an agreement document, which will also be stored by the center for ten years.
   2. Notarial Deed: For ongoing financial obligations, such as child support, a notarial deed is recommended. If requested, the center will handle this for a fee of 15,000 yen per person (excluding notary public fees).

9. Record Keeping
   The records of the mediation process will be stored for ten years. During this period, records can be accessed or copied.

10. Regarding Interpretation:

    We request that all communications and document submissions to our center be conducted in Japanese. Additionally, mediation sessions will also proceed in Japanese. Therefore, if you are not confident in your Japanese language skills, we strongly recommend arranging for an interpreter.