As an alternative dispute
resolution (ADR) law will come into force next year, organizations
of judicial scriveners (Shiho Shoshi) and other related
professionals are actively setting up ADR organizations. How
to cooperate with these organizations is now an issue for the
Japan Federation of Bar Associations (JFBA) and bar associations.
On August 22, 2006, the JFBA Board of Governors adopted the ADR Principles on enhancing ADR organizations such as arbitration centers, etc. of bar associations and allying and cooperating with related professional organizations.
Outline of the Principles
- Local bar associations which have already established ADR organizations should seek to cooperate with organizations of related professionals, and if they cooperate, open a path to their participation as procedural practitioners or specialist members to enhance the ADR organizations.
- If a bar association receives a request from an organization of related professionals, etc. for cooperation in establishing and operating an ADR organization, the bar association should cooperate in accordance with the Guideline on Advice, etc. of Bar Associations adopted by the JFBA Board of Governors on August 26, 2005.
- Bar associations should consider the possibility of establishment and operation of ADR organizations together with organizations of related professionals.
- Bar associations which have not yet set up ADR organizations should make efforts toward the establishment of or involvement in ADR organizations.
- The JFBA should negotiate, as necessary, with the Japan
Federation of Shiho-Shoshi Lawyer's Association, etc.
and support each bar association.
It also has been confirmed that implementation of the principles is at the discretion of each bar association based on its regional situation and discussions with related professionals' organizations. |