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Study on Introducing Mediation to Facilitate Consensus Building Processes of Social Infrastructure Improvement

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This study examines applicability of mediation by a neutral third-party in the context of Japan as an approach to prevent conflicts over social infrastructure improvement and to achieve consensus building between citizens and governments. It further discusses conditions and methods for its introduction and wider application.
In this study, interviews and literature research were conducted to understand the background of mediation in social infrastructure improvement in the United States. Conditions and methods were then discussed for introduction and wider application of mediation into social infrastructure improvement processes in Japan, based upon outcomes of discussions by the experts committee.

Chapter One outlines the background of social infrastructure improvement in Japan, the ongoing Japanese judicial reform, as well as previous studies on the issue. It also introduces the members of the experts committee and research method including a list of US organizations interviewed for this study.

Chapter Two identifies issues in introducing and widely applying mediation to social infrastructure improvement in Japan.

Chapter Three reports the current situations of mediation in the United States regarding the issues identified in Chapter Two, based on the interview results with the US government agency and mediators.

Chapter Four describes the outcomes of discussions in the experts committee about introduction and dissemination of mediation in Japan, while referring to the situations in the United States.
Major conclusions are as follows:
*By introducing mediation, conflicts over social infrastructure improvement could be avoided.Moreover, the possibility of achieving mutually beneficial results among stakeholders would increase.
*Although mediation outcomes and the final decisions made by the government should be distinguished,the government has to be accountable when it makes a decision that is different from mediation outcomes.
*Mediation is effective when conflicts have arisen or are anticipated, and if stakeholders wish to solve the conflicts in a manner that encourage mutual benefits among them.
*In addition to the government agencies in charge of the social infrastructure improvement,other related government agencies should be involved in mediation, and if not, provide as much support as possible.
*"Conflict assessment" (stakeholder analysis) should be initially conducted to identify parties participating in mediation.
*It is desirable that mediators have expertise in social infrastructure improvement in addition to strong communication skills.Forming a team of multiple mediators with different backgrounds is also helpful. It is important to maintain neutrality in selection of mediators.
*A support organization needs to be founded to train mediators and establish a roster of mediators for the purpose of facilitating mediation in Japan. It is also necessary that mediators are trained through hands-on experiences.
*Institutional ties of mediation to the ADR (Alternative Dispute Resolution) Act and the Practicing Attorney Law should be examined.


Key words

Consensus building, Third-party, Mediation, Conflict assessment, ADR (Alternative Dispute Resolution), Settlement, Government

issue

Reports No.70/2006 Jul.

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