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Japan's New ADR System for Resolving Nuclear Damage Claims

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Abstract:

The nuclear disaster at the Tokyo Electric Power Company (TEPCO) No. 1 Fukushima Nuclear Power Plant, following the earthquake and tsunami on March 11, 2011, has resulted in – and continues to result in – a vast array of damages extending over a very wide geographic area. By May 2011, when the widespread nature of the damage had become apparent, discussions commenced regarding the need for an effective ADR system for handling the resulting damage claims.
Despite Japan’s international reputation as a leader in the field of informal dispute resolution, and notwithstanding the existence of a few notable exceptions (such as bodies for handling traffic accident disputes and environmental matters), on the whole ADR institutions have not thrived in Japan. Even a recent law aimed at promoting the use of ADR has had relatively little impact; ADR bodies have been slow to develop.
In contrast, the new ADR system for handling nuclear damage claims has moved very rapidly. With the encouragement of the Cabinet and the cooperation of the Japanese judiciary, the Japan Federation of Bar Associations, and many others, by July 2011 the planning had progressed, a Cabinet Order establishing the system had been issued, and a budget plan had been authorized by the Government; by mid-August the central ADR institution, formally named the Center for Resolution of Nuclear Power Damage Claims, had been established and the basic guidelines for the system had been issued; on September 1 the Center began accepting applications for mediation of claims; and thereafter panels of mediators (composed largely of lawyers) began processing the claims, with an announced expectation that claims would be resolved within about three months.
Incorporating information from interviews with those involved in establishing the new system and those involved in its implementation and operation, this paper examines the genesis of the system, its structure and operations, the compensation standards, the claims process, the level of utilization, and other aspects of the system. The paper explores the major problems that have faced the new system and seeks to evaluate the system’s strengths and weaknesses. The paper also seeks to consider what place this system occupies within the broader debate over ADR and dispute resolution in Japan. Finally, the paper offers comparisons between this system and the Gulf Coast Claims Facility, established to handle claims resulting from the BP Gulf Oil Spill.
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Association:
Name: The Law and Society Association
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http://www.lawandsociety.org


Citation:
URL: http://citation.allacademic.com/meta/p559373_index.html
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MLA Citation:

Foote, Daniel. "Japan's New ADR System for Resolving Nuclear Damage Claims" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI, Jun 03, 2012 <Not Available>. 2014-12-12 <http://citation.allacademic.com/meta/p559373_index.html>

APA Citation:

Foote, D. H. , 2012-06-03 "Japan's New ADR System for Resolving Nuclear Damage Claims" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI <Not Available>. 2014-12-12 from http://citation.allacademic.com/meta/p559373_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The nuclear disaster at the Tokyo Electric Power Company (TEPCO) No. 1 Fukushima Nuclear Power Plant, following the earthquake and tsunami on March 11, 2011, has resulted in – and continues to result in – a vast array of damages extending over a very wide geographic area. By May 2011, when the widespread nature of the damage had become apparent, discussions commenced regarding the need for an effective ADR system for handling the resulting damage claims.
Despite Japan’s international reputation as a leader in the field of informal dispute resolution, and notwithstanding the existence of a few notable exceptions (such as bodies for handling traffic accident disputes and environmental matters), on the whole ADR institutions have not thrived in Japan. Even a recent law aimed at promoting the use of ADR has had relatively little impact; ADR bodies have been slow to develop.
In contrast, the new ADR system for handling nuclear damage claims has moved very rapidly. With the encouragement of the Cabinet and the cooperation of the Japanese judiciary, the Japan Federation of Bar Associations, and many others, by July 2011 the planning had progressed, a Cabinet Order establishing the system had been issued, and a budget plan had been authorized by the Government; by mid-August the central ADR institution, formally named the Center for Resolution of Nuclear Power Damage Claims, had been established and the basic guidelines for the system had been issued; on September 1 the Center began accepting applications for mediation of claims; and thereafter panels of mediators (composed largely of lawyers) began processing the claims, with an announced expectation that claims would be resolved within about three months.
Incorporating information from interviews with those involved in establishing the new system and those involved in its implementation and operation, this paper examines the genesis of the system, its structure and operations, the compensation standards, the claims process, the level of utilization, and other aspects of the system. The paper explores the major problems that have faced the new system and seeks to evaluate the system’s strengths and weaknesses. The paper also seeks to consider what place this system occupies within the broader debate over ADR and dispute resolution in Japan. Finally, the paper offers comparisons between this system and the Gulf Coast Claims Facility, established to handle claims resulting from the BP Gulf Oil Spill.


Similar Titles:
Japan and Nuclear Weapons: Domestic Inputs Into Japan's Non-Nuclear Stance

What Can a Nuclear Disaster Prove about Nuclear Energy?: Nuclear Scientists and Robustness of Nuclear Discourse in Post 3.11 Japan


 
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