How Mediation works

1. How to make a request for mediation

The party who intends to make a request for mediation is requested to submit “Request for Mediation” and pay “Request Fee” in accordance with Rule 5 of the International Commercial Mediation Rules (hereinafter “Rules”).

(1) Payment of Request Fee (Article 2.1 of the Mediation Cost Regulations)

JPY 50,000(JPY 52,500 including the Consumption Tax, if the requesting party is a resident in Japan) must be paid by cash or bank transfer in which case the necessary information of the JCAA's bank account will be provided on request.
Request Fee cannot be paid by check. Banker's handling charges must be for the requesting party's account.

(2) Submission of “Request for Mediation”

Rule 5.1 of the Rules provides the items to be stated in Request for Mediation.
Sample Form: Request for Mediation (Ms-Word format)

2. Mediation agreement

Mediation is a consensual procedure for resolution of disputes. It is important that the parties to disputes do have positive attitudes to proceed with mediation proceedings.

(1) Where there is a mediation agreement

Some business contracts provide for the JCAA mediation as a part of the dispute resolution clause. In this case, JCAA requests the other party to mediation agreement to inform JCAA as to whether in accordance with such agreement, it intends to proceed with the mediation proceedings (Rule 6.2 of the Rules). If the other party does not have such intention, the settlement of the dispute by mediation cannot be expected.

(2) Where there is NOT a mediation agreement

In the case where the parties to disputes do not agree to refer their disputes to the JCAA mediation in advance, JCAA requests the persons who is to be the parties to mediation to inform JCAA as to whether they agree to mediation under the JCAA's Rules (Rule 6.2 of the Rules). If they agree, the mediation proceedings will move Forward for resolution of the disputes.