Dispute resolution is the core practice at Miyake Law.
Disputes can occur both in our business and personal activities. As every business and most individuals prioritise own interest over others’ interests, conflicts are structurally inevitable. We know that a trial existed even in a primitive society although it was not governed by the law but by those in power.
Trial is, however, a last resort. In fact, most disputes never reach a court, but are resolved through negotiation.
Dispute resolution includes the following methods:
- Informal negotiation
In Japan, negotiation between the parties (or attorneys on behalf of the parties) solves overwhelming majority of disputes. Mediation and arbitration are known as Alternative Dispute Resolution (ADR) and popular in many countries, but not yet common in Japan. If a dispute cannot be resolved through negotiation, it goes to a court to be determined by a judge.
Even after reaching a court, most cases are settled during the proceedings in or out of court. So, it is often used as tactics to bring the case to a court to urge the perverse party to sit down at the negotiating table.
Bargaining power in a negotiation
However, bargaining power in such a negotiation is primarily determined by the legal position of each party rather than by techniques. After all, only the law can legally enforce people to do something and, without a threat backed by power to enforce, no one easily compromises their position in a dispute. Every negotiation should be made with a likely outcome in a court in mind.
We are dispute resolution specialists. We fully study your case and arm ourselves with a cogent legal argument before entering into any negotiation. With us, you can be in a stronger position in a bargaining than doing yourself. As the case may be, you might agree that it is sensible to seek a compromise to avoid a risk to lose at trial. As we can work on a no win, no fee basis, we are always in the same boat.
We cover the following areas:
- Cross-border disputes
- Commercial disputes
- Contractual disputes
- Debt collection
- Employment disputes
- Digital disputes
- IP disputes
- Property disputes
- Personal injury
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