民事手続法としてのADR法 : 裁判所との関係を中心に

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書誌事項

タイトル別名
  • The ADR Promotion Act as a Civil Procedure Law
  • ミンジ テツズキホウ ト シテ ノ ADRホウ : サイバンショ ト ノ カンケイ オ チュウシン ニ

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抄録

This article explores adopting the Act on Promotion of Use of Alternative Dispute Resolution, or the so-called ADR Promotion Act, as a civil procedure law in order to redefine the role of the judiciary. ADR is generally known as a way to resolve civil disputes outside the court system. Because ADR is already developed elsewhere and respects the philosophy of the autonomous legal subject, the Japanese elites that had suggested enacting the ADR Promotion Act had tried to make ADR more familiar and facilitate its use, though they did not agree on the reason for adopting it. I thus strove to determine the ADR outlook that the Act adopted for its foundation by exploring the records of the commission that drafted the Act. There were two main pro-ADR views expressed, one from the complementary justice outlook and the other from the autonomy perspective, with the latter further divided into two different positions varying by the extent of autonomy free from regulation. Therefore, examining the ADR Promotion Act serves as an occasion to review the concept of the judiciary in relation to the court system.

収録刊行物

  • 一橋法学

    一橋法学 13 (3), 29-54, 2014-11-10

    一橋大学大学院法学研究科

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