MEDIATION OF DIVORCE DISPUTES IN THE JAPANESE FAMILY COURT SYSTEM WITH EMPHASIS ON THE TOKYO FAMILY COURT

This dissertation examines the legal structure and actual processing of divorce and related disputes through mediation in the Japanese family court system. Research included observations and interviews in several courts but was centered in the Tokyo Family Court. Because divorce is regulated by law and divorce mediation may be conducted legally only in the family court, laws pertaining to divorce in Japan can be expected to be of major importance in constructing divorce settlements. The dissertation examines that legal base, including the legal status of the family and the grounds for marital dissolution, and the development of a family court system to handle disputes expected to result from revision of family law following World War II. Family court procedures for handling disputes between relatives and trends in court utilization are also described. Data reveal that, despite a Civil Code largely antithetical to traditional patterns of structuring relationships within the family, those traditional patterns as well as current norms are more influential in the processing of divorce disputes than the laws pertaining to marital dissolution.;Values, norms, and social circumstances of the Japanese family intact and in dissolution are discussed with respect to the ways they shape the perception and resolution of disputes related to divorce. Mediators' and disputants' articulation of their positions with respect to whether a divorce is reasonable and, if so, appropriate divorce settlement options, yields insight into values and norms associated with the family, particularly marital and parental roles. The processes of divorce mediation as it is conducted in the Japanese family court system, the perspectives of the court personnel and the disputants, and various factors influencing their participation are described with reference to specific examples. The role of court-based divorce mediation in Japanese society and problems confronting the family court system are also addressed.