Is There the Japanese Way of Dispute Resolution? - Disputing Process in Traffic Accident and Divorce Cases –
Is There the Japanese Way of Dispute Resolution? - Disputing Process in Traffic Accident and Divorce Cases –

Summary/Abstract: In discussions on dispute resolution in Japan, Kawashima’s argument of the Japanese ‘legal’ consciousness has been often cited: The low litigation rate in Japan is best explained by the traditional normative consciousness that emphasizes ‘harmony’ among people. We consider whether this argument can be sustained by findings from Disputing Behaviour Survey, conducted in 2005. If people cherished the norm of harmony, they would be reluctant to make a claim and also reluctant to reject a claim, and such tendencies must be stronger in Japan than in the U.S. However, in cases of accidents (traffic accidents usually), the Japanese do make claims and face disputes as often as Americans. Moreover, in cases of divorce, most people not only make claims and face disputes, but also engage lawyers and court procedures – both in Japan and in the U.S. The Japanese way of dispute resolution that Kawashima once emphasized is not proved to exist.

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