Introduction to mediation

MIFA PROJECT aims to propose the Japanese style of the ideal international family mediation system. This system is different from domestic relations conciliation (Kajichotei) in Japanese family court but based on family mediation developed in Europe and America. In recent years, international family mediation of non-governmental ADR institute has been introduced into Japan, for promoting "amicable resolution" of return of the child and right of access issues in according with The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (entry into force in Japan in 2014).

However, problems relating to the application of international family mediation to Hague Convention cases arise. For example, (1) court of the State where a child is has no jurisdiction on parental rights or custody issues. Since (2) private international law of the original residence State is applied to return of child and right of access, (3) there is a high risk that settlement unpermitted under the applicable law may be achieved in international family mediation. (4) Problems relating to procedure in foreign language arise. (5) Issues about the qualification of mediators arise.

The primary purpose of our study is to identify the problems in private international law and civil procedure which arise in international family mediation and to find their solutions in comparative law. At the same time, we make efforts to popularize family mediation in Japan by holding family mediation training and symposiums.

Content

Mediation is a modern, flexible and effective process for solving disputes and making joint decisions in important matters. Through mediation, family members, colleagues, business partners – basically everybody who has an interest in respectful cooperative relationships - can potentially have meaningful discussions, gain a better understanding of each other’s perspectives, and regain mutual trust. The goal of each mediation should be to find enduring solutions that are in the best interest of everybody involved.This seminar will introduce the basic principles, methods, and techniques of mediation. Through discussions and interactive exercises students will also acquire practical communication skills that can be applied to any social encounter.

Instructor

Christian von Baumbach
Mediator (BM, BAFM, SIMI), Cross-Border Family Mediator (MiKK), Lecturer for Mediation and Intercultural Communication (MiKK, Euro-FH, HAW Hamburg, Osaka University). Affiliate mediator of Practice Forte Advisory in Singapore and panel mediator at the Japan International Mediation Center (JIMC Kyoto). 

Date & Time

20/01/2023 – 22/01/2023 (3 days)

9.00 am – 6.00 pm (20st and 21st)
9.00 am－3.00 pm (22nd)
* Lunch will be provided each day.

Registration

34.000 Yen (for all three days)

Deadline for payment: before December 24th, 2022.

Please find more information and the link for registration via http://www.law.osaka-u.ac.jp/mifa/english.html and in the attached PDF document.

Contact

Osaka University MIFA Project
E-Mail: mediation-office@law.osaka-u.ac.jp
TEL: +81-6-6850-6603
FAX: +81-6-6850-5146

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