JAPAN Law and Practice Contributed by: Miki Goto, Ryo Murakami and Akihito Ishii, Anderson Mori & Tomotsune
10. Alternative Dispute Resolution 10.1 Dispute Resolution Mechanisms It is common that a Japanese court handling the case would separately conduct a settlement process within the court proceedings. It is typical for this to take place after several hearings and exchange of briefings, and the presiding judge discloses to the parties the court’s tentative find - ings and thoughts on the merits of the case and encourages both parties to agree to an amicable resolution. Terms of settlement reached in this process will be recorded in the court files. The parties may also utilise mediation by the court. The mediation panel is composed of three mediators, one of which is a judge and the other two may be lawyers or other knowledgeable per - sons. Private mediation may also be an option for the parties. Confidentiality may be agreed as a part of the settlement terms. The parties may agree to resolve the case by arbitration, and the arbitral award will become enforceable with the involvement of a court. It should be noted that it would depend on the arbitration rules whether the parties are under confidentiality obligations in relation to the pro - cess.
such addition is found as untimely, due to fault of the submitting party, or causing undue delay in procedure. The Supreme Court only reviews legal issues, and the parties may not file additional evidence. 9. Criminal Offences 9.1 Prosecution Process, Penalties and Defences The owner whose trade secret has been misap - propriated may file an offence report or a formal criminal complaint with the police or prosecu - tor’s office, but this does not warrant that an investigation or prosecution will be initiated. The potential criminal penalties are as described in 1.14 Criminal Liability .
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