In Western Europe and the United States (North America), people became conscious on the need for new methods that can promote out-of-court resolutions of conflict. Guided by these need, the concept of modern mediation was formulated and its skills were developed. Recently, in Asia, with the internationalization and modernization of its society, interest in this western-style mediation has been increasing. Some countries in Asia, Japan for example, has even promulgated new laws to promote mediation.

Unfortunately, law creation and actual practice are not one and the same. The western-style mediation founded on deliberate democracy is not easily transferred, at least in the case of Japan, where society still maintains deeply authoritative characteristics. In Japan, the Laws to promote the practice/usage of an alternative method of conflict resolution (generally known as ADR Laws) were promulgated on April 2007 and opened a path for those who are neither judges nor lawyers to work as mediators. The actual scale of practice however has been minimal due to various social and legal reasons.

Observing the case of Japan, some questions arise …. one of which is; whether this is a unique phenomenon in Japanese mediation or an almost universal one in Asian countries? If it is a universal phenomenon in Asia, what then is the exact cause that is creating the gap between the idea of modern mediation and its actual/real practice? Furthermore, what methods can be used to cope with this gap? With these challenges in mind, it is very helpful that scholars of mediation in Asia can share the opportunity to get together, to be able to discuss these issues, and to figure out the image of ideal mediation in Asia together.

15th Year Anniversary of the LL.M. Program of the Internation Programs in Law, Kyushu University

About the LL.M. Program

In the fall of 1994, the Graduate School of Law at Kyushu University established Japan’s first Master’s program taught entirely in English, the LL.M. in International Economic and Business Law (IEBL). Drawing upon a Faculty with particular strengths in the fields of economic and business law, the IEBL program is designed to provide international and Japanese students with the ability to confront the challenges of international economic affairs and commercial transactions. To this end, students are expected to take courses and complete a Master’s dissertation.

Courses offered within the framework of the IEBL program are grouped around four key themes:

  1. Global Governance and Corporations
  2. Economic and Business Law in Asia
  3. Innovation and the Law
  4. Fundamental Perspectives on Economic and Business Law
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