JAPAN Trends and Developments Contributed by: Kensaku Yamamoto, Laarni Vinas, Junko Asai and Kosuke Masuda, SHUSAKU
The Progress in Changes to E-litigation Amendments to the Code of Civil Procedure Amendments to the Code of Civil Procedure, which were adopted in Japan in 2022, have gradually transformed civil lawsuit procedure and its associated practice. Part of this transformation was implemented in March 2024, when civil court hearings in Japan could be conducted online, expanding from web-based pre-trial meetings to include oral arguments, which were previously only limited to in-person proceedings. However, witness examinations still require a physical presence. This digitalisation, supported by the revised Code of Civil Procedure, aims to improve con- venience by allowing remote participation and will further include measures such as online lawsuit submissions and electronic records by 2025. Social implementation of ODR Introduction to ODR and Japan’s approach ODR, short for online dispute resolution, refers to resolving disputes via online platforms, often as an extension of ADR. To improve access to justice, particularly for individuals who face challenges accessing tradi- tional court-based or ADR processes, Japan has begun implementing ODR systems. Reports in the Japan Federation of Bar Associations (JFBA) magazine note that Japan’s administrative hur- dles, such as budget constraints and vertical bureaucratic structures, have created some bar- riers to seamless ODR implementation, in con- trast to more agile systems in countries such as Australia.
The pilot project by the Japan Federation of Bar Associations The pilot ODR project by the JFBA, conduct- ed in co-operation with the Ministry of Justice, tested online legal consultations and mediations for specific civil and matrimonial cases, mainly focusing on child support. The project was from September 2023 to February 2024 and included approximately 171 legal consultations, leading to 55 mediation requests. The success rate for settlements was seven out of 55 cases. Key features of the pilot: • Online legal consultation – legal consulta- tions were conducted through online text chat systems, accessible 24/7. This flexibility was well received by users, who appreciated the convenience of receiving legal advice without the need to travel. • Transition to mediation – if deemed appropri- ate, cases could move from legal consultation to mediation, with mediators facilitating the process through both chat and video-confer- encing. • Advertising and awareness – a significant part of the project involved promoting the service through digital advertisements on platforms like Google, Yahoo!, Instagram, and YouTube. Key findings • Advantages: The flexibility and accessibility of the ODR system, particularly through the chat system, were found to be beneficial, especially for users in remote areas or with limited access to legal services. ODR allowed for continuous dialogue without the need for scheduled meetings, which is a common challenge in traditional ADR. • Challenges: There were some issues with the effectiveness of communication, as certain users were unfamiliar with the chat format.
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