Dispute Adjustment System

• Disputes related to construction and development projects such as middle- and high-rise buildings are basically discussed between the parties for resolution.
• If it is difficult, there is mediation and mediation as a system of the city that aims to resolve disputes.
• For coordination items that are not subject to mediation or mediation, it is also possible to introduce the procedure for resolving disputes (ADR) conducted by the Kanagawa Bar Association.
• Regarding the relationship between the dispute resolution system, the Procedure Guide8 About dispute adjustment system (mediation, mediation) [flow of dispute resolution] (PDF: 274KB)Please refer to the documentation.

As a system for resolving disputes related to construction and development projects such as middle- and high-rise buildings, mediation and mediation are stipulated in the middle- and high-rise building regulations.

• Mediation and mediation will be carried out at the request of the parties to the dispute.
• The contents are closed, and the fee for consultation and proposal to the city is free.
• Disputes such as money compensation, site boundaries, land ownership, etc. are not subject to mediation or mediation.
• This system does not force the city or the mediation committee to change architectural plans based on laws and rights.

About the details of procedure of mediation, mediation, please refer to guide 8 dispute adjustment system (mediation, mediation) of procedure (PDF: 873KB).

• The city will set up a place for discussion and encourage dialogue between the parties to the dispute, with the aim of resolving the dispute through the voluntary discussions of the parties to the dispute.
• The city will review the key points of both sides' claims from a neutral standpoint and help resolve disputes fairly.
• It usually takes about 2 to 3 weeks for the mediation to be held.

• Those who have academic experience in architecture, urban planning, law, environment, etc.Yokohama City Architecture and Development Dispute Conciliation Committee"The mediator will listen to the circumstances of both parties from a professional and fair standpoint and present a mediation proposal as necessary.
• There is no force for the proposed mediation proposal.
• It usually takes about 5 to 6 weeks for mediation to be held.

Matters that cannot be dealt with under the dispute adjustment system of the Mid- and High-Rise Building Ordinance are basically settled by direct negotiations between the parties or, although it takes time and money, by trial. However, there is also an extra-trial dispute resolution procedure that reflects the professional knowledge of a third party, regardless of the trial, and seeks prompt resolution in accordance with the actual situation of the dispute. The city has established the Kanagawa Bar Association Dispute Resolution Center (outside site) established by the Kanagawa Bar Association, which has been certified by the Minister of Justice based on the Act on Promotion of Use of Off-judgment Dispute Resolution Procedures (ADR Law) regarding building disputes. Has concluded an ADR agreement to cooperate in dispute resolution. Please refer to the outline of the procedure guide 8 Dispute Adjustment System (mediation / mediation) (Reference) Overview of the ADR Agreement (PDF: 444KB).

We will conduct the following matters and aim to resolve the settlement by mediation and arbitration conducted by the Dispute Resolution Center.

• Introduce the Kanagawa Bar Association Dispute Resolution Center to the parties involved in the dispute and take over the status of dispute adjustment in the city.
• Provide information to bar associations on issues, outlines of architectural plans, etc.

• Even matters that are not subject to the city's dispute adjustment system (monetary compensation, etc.) can be resolved quickly, reflecting the professional knowledge of third parties.
• Discussions are closed and flexible (even at night or on-site dates are possible)
• The procedure is faster and the cost is lower than the trial.
• Providing information from the city enables prompt resolution of disputes

• It is necessary for both parties to the dispute to be willing to discuss.
• The contents of the agreement cannot be enforced
• There are various fees.