Negotiations in or out of court

We assist our clients to hold negotiations for dispute resolution out of court or in court.

Our assistance can be provided either by advising our clients on negotiation techniques without directly confronting the counter party or parties, or by representing our clients and negotiating directly with the counter party or parties.

We decide the negotiation way based on the relationship between our clients and the counter party or parties when we start to assist our clients; our clients' desire to resolve the issue without aggravating the relationship with the counter party or parties, and how long time has passed since the conflicts arose between our clients and the counter party or parties.

Out of court negotiation

We assist our clients to collect money, to claim for damages or to get in touch with the counter party or parties on account of any other reasons by out of court negotiation, usually start from sending a claim letter or a notice by contents certified registered mail ("Naiyo Shomei Yubin") under the name of an attorney on behalf of our clients.

In some cases, when we decided not to get in touch with our clients' counter party or parties directly, we make a draft of such a letter or a notice for our clients under our clients' name and ask them to send the letter or the notice by themselves.

If the counter party or parties respond to any of the clients' demands, comply with a request from our clients, or anyway agree to hold negotiations with our clients, we assist our clients by advising as to how and what to negotiate with the counter party or parties, what to decide for a final solution to resolve the disputes among the related parties. If the related parties reached an agreement to settle the disputes among them, then we assist our clients to execute an agreement on such a solution to confirm the promise by the counter party or parties to do or not to do anything that our clients requested them and/or to make a lump sum or future installment payments by the counter party or parties. In some cases, we also assist to execute a notarial deed at a notary public office in order to make the agreement enforceable without a court judgment.

If the counter party or parties failed to respond to any of our clients' demands, or the related parties failed to reach an agreement to settle the disputes among them, then the out of court negotiation will end in failure. In such cases, we ask our clients to decide whether or not further legal action should be taken in court.

In court negotiation by conciliation procedure

We assist our clients who seeks a solution to settle the disputes through in court negotiation by filing a petition for conciliation procedure with a court to seek an amicable solution between the parties if the counter party or parties are expected to come to the negotiation table and agree to hold talks in such a procedure. The petition for the conciliation procedure on civil affairs can be filed with a summary court and conciliation committee consists of three members including a judge tries to find a way to settle the disputes between the parties by proposing a conciliation plan, if possible and appropriate. If the parties reach an agreement through conciliation, then such an agreement is recorded in an official court document and has the same legal effect as a final and conclusive judgment.

The conciliation procedure, however, will end in failure if the respondent does not appear to the court or the parties cannot reach an agreement even through conciliation procedure. Then, our clients often wants to file a lawsuit immediately after the out of court negotiation ended unsuccessfully.