In Japan, there are various Alternative Dispute Resolution (“ADR”) organizations. However, the utilization of ADR in Japan is still at a low level. This has been attributed to a number of factors, including, among others, i) low level of aware-ness and understanding of ADR systemamong the general public, ii) concerns over the use of ADR arising out of the lack of information on private ADR and limited access thereto, and iii) some legal restrictions on the active use of ADR. In this context, aspart of the program for promoting justice system reform in Japan, the Consultation Group on ADR was set up to establish appropriate sys-tems for the promotion of wider use of ADR, and it had performed study and discussion relating thereto. As a result, a Law designed to promote ADR ( ADR Promotion Law ) was enacted on November 19, 2004, at the Upper House, and promulgated on December 1, 2004 (Law No.151 of 2004), and will be enforced as of April 1, 2007. The main points of the ADR Promotion Law are i) to adopt an accreditation system for private ADR and ii) to ensure that people can easily choose ADR as means to solve their disputes by setting some exceptions for ADR procedures by accredited ADR organizations, such as the effect of inter-rupt prescription, the suspension of litigation and the application of an exception of conciliation-first.
Ⅰ. ADR法의 제정경위
Ⅱ. ADR法의 內容