Step 1Request for Mediation

Applicant

• submits a request for mediationWord to the JCAA.
• pays the filing fee (JPY50,000) to the JCAA's bank account to be designated by the JCAA.
• submits a copy of mediation agreement, if any.
• submits a power of attorneyWord, if the applicant is represented by counsel.

JCAA

• notifies the respondent of the request for mediation.

Where a prior mediation agreement between the parties exists

The mediation proceedings commence when the JCAA notifies the respondent of the request for mediation.

Where a prior mediation agreement between the parties does not exist

The JCAA asks the respondent whether it accepts the applicant's proposal to mediate.

If the respondent accepts the applicant's proposal to mediate

The mediation proceedings commence when the JCAA acknowledges receipt of the respondent's written acceptanceWord.

If the JCAA does not receive the respondent's written acceptance of the applicant's proposal to mediate

The mediation proceedings do not commence.

• requests the parties to pay deposit which covers mediator's remuneration and expenses, JCAA administrative fees and other reasonable expenses once the mediation proceedings have commenced.

Respondent

• submits to the JCAA a written replyWord responding to the request for mediation within two weeks from the date of commencement of the mediation proceedings.

Step 2Appointment of Mediator

1. Number of Mediators

The parties may agree on the number of mediators. Where the parties do not agree on the number of mediators, the number will be one.

2. Appointment

The parties appoint the mediator and submit the following documents to the JCAA:

Where the parties do not appoint the meditator by the due date or request the JCAA to appoint the mediator, the JCAA will appoint the mediator by taking the following steps:

Step 3Discussing Process of Mediation

The mediator discusses with the parties the process of conducting the mediation proceedings including the followings:

• the language of the mediation
• the schedule and the manner of exchanging the written statements and documents
• the date and place of the mediation session
• whether the mediator shall suggest to all the Parties its proposals for settlement and, if so, the timing thereof
• the time limit for concluding the mediation.

Step 4Mediation Session

Through the separate and/or joint session, the mediator facilitates the parties' negotiation and endeavors to settle the disputes.

Step 5Termination of Mediation Proceedings

Mediation proceedings terminate upon any of the following circumstances:

• a copy of the settlement agreement in respect of all the disputes subject to mediation is submitted to JCAA.
• the respondent fails to submit the reply to JCAA within the time limit.
• no mediators are appointed or confirmed by JCAA due to a party's objection within three months from the date JCAA initially sent the parties the list of mediator candidates.
• the time limit for concluding the mediation proceedings has expired.
• the mediator or JCAA receives a notice of withdrawal by any party.
• when two weeks have passed from the day on which the parties or JCAA receives the decision from the mediator that there is no likelihood of settlement.
• JCAA notifies the parties in writing of its decision to terminate the mediation proceedings on the ground that a party fails to pay the deposit to JCAA.

Step 6Settlement of Mediation Costs

The mediation costs are settled according to the parties' agreement. In the absence of such agreement, the mediation costs are apportioned equally between the parties. JCAA will refund the excess amount of deposit to the parties.