Commercial
Mediation
Rules
2020

CONTENTS
Commercial Mediation Rules............................................1
CHAPTER I General Provisions............................................. 1
Article 1 Purpose............................................................... 1
Article 2 Definitions........................................................... 1
Article 3 Derogation from the Rules...................................... 2
Article 4 Interpretation of the Rules..................................... 2
Article 5 Manner of Communication...................................... 2
Article 6 Administrative Body and Secretariat........................ 2
Article 7 Communication Language with the JCAA.................. 2
Article 8 List of Candidates for Mediators.............................. 2
Article 9 Representation and Assistance................................ 2
Article 10 Change or Fix of Time Period................................ 3
Article 11 Exclusion of Liability............................................ 3
CHAPTER II Commencement of Mediation............................. 3
Article 12 Commencement of Mediation when PriorMediation Agreement Exists.................................. 3
Article 13 Commencement of Mediation when No PriorMediation Agreement Exists.................................. 4
Article 14 Reply................................................................. 5
CHAPTER III Mediator........................................................ 5
Article 15 Impartiality and Independence of Mediator............. 5
Article 16 Appointment and Confirmation of Mediator............. 6
Article 17 Procedures for Appointment of Mediator................. 8
Article 18 Challenge to Mediator.......................................... 9
Article 19 Removal of Mediator.......................................... 10
Article 20 Appointment of Substitute Mediator..................... 10
CHAPTER IV Mediation Proceedings.................................... 10
Article 21 Conduct of Mediation Proceedings........................ 10
Article 22 Separate Discussion........................................... 11
Article 23 Confidentiality................................................... 11
Article 24 Effect of Case Presented in Mediation Proceedings. 12
Article 25 Time Limit for Concluding Mediation..................... 13
Article 26 Settlement....................................................... 13
Article 27 Arbitral Award Based on Settlement..................... 13
Article 28 Termination of Mediation Proceedings................... 13
Article 29 Commencement or Continue of Other Proceedings.. 14
CHAPTER V Fees and Costs............................................... 15
Article 30 Remuneration of Mediator................................... 15
Article 31 Payment of Mediator’s Remuneration................... 15
Article 32 Mediator’s Expenses.......................................... 16
Article 33 Filing Fee......................................................... 16
Article 34 Administrative Fee and Reasonable Expenses
with Respect to the Mediation Proceedings............ 16i

Article 35 Deposit and Accounting...................................... 17
Supplementary Provisions..............................................17
Mediation Clause............................................................18
Clause A: Mediation Clause for Contracts............................. 18
Clause B: Mediation Agreement for Existing Disputes............ 18
Clause C: Mediation followed by Arbitration (Med-Arb)........... 18

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Commercial Mediation Rules

Commercial Mediation Rules
As Effective on February 1, 2020

CHAPTER I General Provisions
Article 1 Purpose
These Commercial Mediation Rules (the “Rules”) set
out the procedures and other necessary matters relating to mediation administered by the JCAA to resolvecommercial disputes.
Article 2 Definitions
1 The term “JCAA” means the Japan Commercial
Arbitration Association.
2 The term “Party” or “Parties” means one or more
applicants and respondents.
3 The term “Mediator” includes more than one mediator.
4 The term “in writing” includes hard copy and electronic documents. Electronic documents include electronic, magnetic and any other recording media used
in information processing by a computer or other electronic device.
5 The term “Mediation Agreement” means an agreement of the Parties to mediation administered by the
JCAA.
6 The term “List of Candidates for Mediators” means
the list prepared by the JCAA specifically for each
mediation by reference to the JCAA’s database of candidates of mediators or any other resources.
7 The term “Mediation Commencement Date” means
either the date:(1) the JCAA notifies the parties of the request formediation under Article 12.5, where there is aprior Mediation Agreement; or(2) the JCAA notifies the Parties under Article 13.5
that the JCAA acknowledges receipt of the
respondent’s written acceptance of the proposal
to mediate under Article 13.1, in the absence ofa prior Mediation Agreement.

1Article 3 Derogation from the Rules
Where the Rules apply, the Rules govern the mediation proceedings and the relationships between theParties, the mediators and the JCAA. However, theParties may agree to vary any of the Rules, except for
Chapter V of the Rules.
Article 4 Interpretation of the Rules
1 The authentic texts of the Rules are Japanese andEnglish. In the event of any difference or inconsistency between these two versions, the Japanese version
shall prevail.
2 In the event of any difference as to the interpretationof the Rules, the interpretation by the JCAA shall prevail.
Article 5 Manner of Communication
Any notice, submission or transmission under theRules shall be sent by courier, registered mail, e-mail,or any other reasonable means, unless otherwise
agreed by the Parties.
Article 6 Administrative Body and Secretariat
The JCAA shall administer the mediation proceedings
under the Rules.
Article 7 Communication Language with the JCAA
Communications between the JCAA and the Parties, or
between the JCAA and the Mediator, shall be in either
English or Japanese.
Article 8 List of Candidates for Mediators
If requested, the JCAA shall provide a List of
Candidates for Mediators to a Party to assist that
Party to appoint a mediator. The Parties may appointa person who is not on the List of Candidates forMediator as a Mediator.
Article 9 Representation and Assistance
A Party may be represented or assisted by any person of2

Commercial Mediation Rules

its choice in mediation proceedings under the Rules.
Article 10 Change or Fix of Time Period
If requested by the Parties or the Mediator, or the
JCAA considers it necessary, the JCAA may fix orchange any time period concerning the mediation proceedings under the Rules.
Article 11 Exclusion of Liability
Neither the Mediator nor the JCAA (including its directors, officers, employees and other staff ) shall be
liable for any act or omission in connection with themediation proceedings unless such act or omission
constitutes willful misconduct or gross negligence.

CHAPTER II Commencement of Mediation
Article 12 Commencement of Mediation when PriorMediation Agreement Exists
1 To commence mediation under a prior Mediation
Agreement, the applicant shall submit a request formediation (the “Request for Mediation”) in writing
to the JCAA, together with a copy of the Mediation
Agreement.
2 The Request for Mediation under Article 12.1 shall set
forth the following:(1) the Parties’ full names (if a Party is a legal entity or other association, the corporate name andthe name of the Party’s representative), street
address and other contact details (including telephone number and e-mail address);(2) the full name, street address and other contact details (including telephone number andthe e-mail address) of applicant’s counsel, if theapplicant is represented by counsel;(3) a summary of the dispute (including the claim(s)if it is identifiable); and(4) any agreement between the Parties or any applicant’s proposal as to the following:(a) the Mediator’s name or the procedures forappointment of the Mediator (including thenumber of the Mediators);(b) the process for conducting the mediation3

proceedings (including whether the Mediatorshall suggest to all the Parties its proposals
for settlement);(c) the time limit for concluding the mediation;(d) the language(s) of the mediation; and(e) the calculation method for the Mediator’s
remuneration.
3 If the applicant is represented by counsel, a powerof attorney shall be submitted to the JCAA with theRequest for Mediation.
4 When the applicant submits a Request for Mediation,
it shall pay the JCAA the filing fee. If the applicant
fails to pay such filing fee in full within the time
limit fixed by the JCAA, the JCAA shall deem that noRequest for Mediation has been submitted.
5 After the JCAA has confirmed that the Request forMediation has been submitted in accordance with
Articles 12.2 to 12.4, the JCAA shall promptly notify the Parties thereof. A copy of the Request forMediation shall be attached to such notice to the
respondent, unless it is filed jointly by all the Parties.
Article 13 Commencement of Mediation when No
Prior Mediation Agreement Exists
1 Where there is no prior Mediation Agreement, theapplicant may still submit a Request for Mediation inwriting to the JCAA, which sets forth the following:(1) The proposal to the respondent that the disputes
be referred to mediation under the Rules; and(2) the matters provided for in Article 12.2.
2 If the applicant is represented by counsel, a powerof attorney shall be submitted to the JCAA with theRequest for Mediation.
3 When the applicant submits a Request for Mediation,
it shall pay the JCAA the filing fee. If the applicant
fails to pay such filing fee in full within the time
limit fixed by the JCAA, the JCAA shall deem that noRequest for Mediation has been submitted.
4 After the JCAA has confirmed that the Request forMediation has been submitted in accordance with
Articles 13.1 to 13.3, the JCAA shall promptly notify
the Parties thereof and ask the respondent whether it
accepts the proposal to mediate under Article 13.1. A
copy of the Request for Mediation shall be attached tosuch notice to the respondent.
5 If the JCAA receives the respondent’s written accep4

Commercial Mediation Rules

tance of the proposal to mediate under Article 13.1(1), the JCAA shall promptly acknowledge its receipt
and transmit such written acceptance to the applicant. The Mediation Agreement is deemed to havebeen reached between the Parties on the date when
the JCAA receives such written acceptance.
6 If the JCAA does not acknowledge receipt of the
respondent’s written acceptance of the proposal tomediate under Article 13.1 (1) within two weeks fromthe respondent’s receipt of the notice of the Request
for Mediation under Article 13.4, the JCAA shallpromptly notify the applicant that the mediation proceedings shall not commence.
Article 14 Reply
1 Within two weeks from the Mediation Commencement
Date, the respondent shall submit in writing to the
JCAA a reply responding to the Request for Mediation(the “Reply”).
2 If the respondent is represented by counsel, a powerof attorney shall be submitted to the JCAA with the
Reply.
3 On receipt of the Reply, the JCAA shall promptlytransmit a copy thereof to the applicant.

CHAPTER III Mediator
Article 15 Impartiality and Independence ofMediator
1 A person who is not impartial and independent shalldecline to accept an appointment as the Mediator.
The Mediator shall be, and remain at all times, impartial and independent during the mediation proceedings.
2 When a person is approached in connection with hisor her possible appointment as the Mediator, he or
she shall conduct a reasonable investigation into any
circumstances which may, in the eyes of the Parties,
give rise to justifiable doubts as to his or her impartiality or independence. If he or she finds such circumstances, he or she shall either decline to accept
the appointment or may disclose such circumstancesin writing to enable the approaching person to decide
whether or not to withdraw its request for appointment.
5

3 When a person is appointed as the Mediator, he or
she shall promptly submit in writing to the JCAA hisor her undertaking to disclose any circumstances
which may give rise to justifiable doubts as to his or
her impartiality or independence, or to declare that
there are no such circumstances (the “Declaration of
Impartiality and Independence”). The Declarationof Impartiality and Independence may be submitted
either through the Party which has appointed him orher, or directly to the JCAA.
4 During the course of the mediation proceedings, theMediator shall have an ongoing duty to make reasonable investigation into any circumstances whichmay, in the eyes of the Parties, give rise to justifiabledoubts as to the mediator’s impartiality or independence. If the Mediator finds such circumstances, theMediator shall promptly disclose to the Parties andthe JCAA in writing such circumstances, unless theMediator has already disclosed such circumstances.
An advance declaration in relation to such circumstances that may possibly arise in the future does notdischarge the Mediator’s ongoing duty of disclosure.
Article 16 Appointment and Confirmation ofMediator
1 The Mediator shall be appointed pursuant to theagreement of the Parties.
2 If the Parties have not executed any agreement
provided for in Article 16.1, the Mediator shall be
appointed under Article 17.
3 Where a Party or Parties appoint the Mediator, or theMediator already appointed by a Party or the Parties(the “Party-Appointed Mediators”) appoints another Mediator, the appointment of such Mediator shall beeffective only after confirmation by the JCAA.
4 On appointment of the Mediator by a Party, the Partiesor the Party-Appointed Mediators, such Party, Parties
and Party-Appointed Mediators shall promptly submit in writing to the JCAA for its confirmation under
Article 16.3:(1) a notice of appointment of the Mediator setting forth the appointed Mediator’s name, street
address and other contact details (i.e., telephone
number and e-mail address) and occupation;(2) a document setting forth the Mediator’s acceptance of appointment; and6

Commercial Mediation Rules

(3) Declaration of Impartiality and Independence.
5 The JCAA shall promptly transmit a copy of the documents under Article 16.4 to the Party (or Parties) andthe Mediator other than those who submitted those
documents.
6 When confirming or appointing the Mediator, the JCAA
shall consider the prospective Mediator’s background,nationality, place of residence, language skill, expertise, experience as mediator, availability, any circumstances disclosed by the Mediator under Article 15.2
or 15.3 and any other relevant factors.
7 The JCAA shall refuse to confirm the appointment of
the Mediator if the JCAA finds that the appointment
is clearly inappropriate, including but not limited tosimilar circumstances to those provided for in Article
23(1) of Code of Civil Procedure of Japan 1. Prior tosuch refusal, if the JCAA considers it appropriate, the
JCAA may provide a Party, the Parties or the PartyAppointed Mediator that have appointed the Mediatorwith an opportunity to state their opinions.
8 Upon confirming the appointment of the Mediator, the
JCAA shall promptly notify such confirmation to theParties and the Mediator.
9 If the appointment of the Mediator is not confirmedby the JCAA, the JCAA shall promptly notify thereof to
the Party, the Parties or the Party-Appointed Mediators
who have appointed the Mediator. Such Party, Parties,
or the Party-Appointed Mediators shall, within two
weeks from their receipt of such notice, notify the1

Article 23 (1) In the following cases, a judge is disqualified fromperforming the duties of a judge; provided, however, that in the case set
forth in item (vi), this does not preclude a judge from performing duties as
a commissioned judge based on a commission from another court:(i) if the judge, or the judge's spouse or former spouse, is a party to
the case, or is related to a party to the case as a joint obligee, joint
obligor, or obligor for redemption;(ii) if the judge is or was formerly the relative of a party to the casewithin the fourth degree of consanguinity or the third degree ofaffinity, or is or was formerly the cohabiting relative of a party to
the case;(iii) if the judge is the guardian, supervisor of the guardian, curator,
supervisor of the curator, assistant, or supervisor of the assistantof a party to the case;(iv) if the judge becomes a witness or expert in the case;(v) if a judge is or was formerly a party's representative or assistant incourt in the case;(vi) if the judge participated in granting an arbitral award in the caseor participated in reaching the judicial decision in the prior instanceagainst which an appeal has been entered.

7

JCAA of the appointment of another Mediator by submitting the documents provided for in Article 16.4.
10 If the Party, the Parties, or the Party-Appointed
Mediator fail to notify the JCAA of the appointmentof another Mediator within the time limit fixed under
Article 16.9, the JCAA shall appoint such Mediator
under Articles 17.5 and 17.6.
Article 17 Procedures for Appointment of Mediator
1 If the Parties fail to notify the JCAA of their agreement on the number of Mediators within two weeks
from the Mediation Commencement Date, such number shall be one, and the Parties shall jointly appoint asingle mediator.
2 Where the Parties agree that the number of theMediators shall be two but fail to agree on the procedures for appointment of the two Mediators, theParties shall appoint the two Mediators under the following procedures:(1) where the number of the Parties is two, eachParty shall appoint one Mediator; or(2) where the number of the Parties is threeor more, the applicant(s) and the respondent(s) respectively shall appoint one Mediator.
However, if the JCAA considers it appropriate,
the JCAA may establish different procedures forappointment of the Mediator after giving theParties an opportunity to comment.
3 Where the Parties agree that the number of theMediator shall be three but fail to agree on the procedures of appointment of the three Mediators, theParties shall appoint the three Mediators under thefollowing procedures:(1) where the number of the Parties is two, eachParty shall appoint one Mediator and the two
Party-Appointed Mediators shall agree to appoint
the third Mediator; or(2) where the number of the Parties is three or
more, the applicant(s) and the respondent(s)respectively shall appoint one Mediator and thetwo Party-Appointed Mediators shall agree toappoint the third Mediator. However, if the JCAA
considers it appropriate, the JCAA may establish different procedures for appointment of theMediator after giving the Parties an opportunity
to comment.
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Commercial Mediation Rules

4 Where the Parties or the Party-Appointed Mediators
appoint the Mediator under Articles 17.1 through17.3, and the Parties fail to notify the JCAA of theappointment of any Mediator by submitting the documents provided for in Article 16.4 within four weeks
from the Mediation Commencement Date, the JCAA
shall appoint such Mediator.
5 Where the JCAA appoints the Mediator under Article
17.4, the JCAA shall send the Parties the List of
Candidates for Mediators. Within one week fromreceipt of this List, each Party shall respectively
delete the name of any candidates to whom the Party
objects, number the remaining candidates in order ofpreference, and notify in writing the JCAA thereof.
6 Once the JCAA receives the notice from the Parties
under Article 17.5 or after the time limit under Article
17.5 expires if the JCAA does not receive the noticefrom any Party within such time limit, the JCAA shallpromptly appoint the Mediator taking into account theorder of preference expressed by the Parties and anyother relevant circumstances, and notify the Parties
of such appointment. A copy of the documents under
Articles 16.4 (2) and 16.4 (3) shall be attached tosuch notice.
Article 18 Challenge to Mediator
1 A Party may challenge the Mediator if circumstances give rise to justifiable doubts as to the Mediator’s
impartiality or independence.
2 A Party that intends to challenge the Mediator shallsubmit in writing to the JCAA a request for challenge(the “Request for Challenge”) within two weeks
from the date of its receipt of the notice by the JCAA
confirming the appointment of the Mediator (thenotice of appointment of the Mediator, if the Mediator
is appointed by the JCAA) or the date when it becameaware of any circumstance under Article 18.1, whichever comes later.
3 On receipt of the Request for Challenge, the JCAA
shall promptly notify the other Party and the Mediator
thereof.
4 The JCAA shall send a copy of the Request for
Challenge to the other Party and the challenged
Mediator and make a decision on the challenge, after
giving the other Party and the challenged Mediator an
opportunity to comment.
9Article 19 Removal of Mediator
1 At the written request of either Party or on its own
motion, and after giving the Parties and the challenged Mediator an opportunity to comment, the JCAA
may remove any Mediator if:(1) he or she fails to perform his or her duties;(2) he or she unduly delays in the performance of hisor her duties; or(3) it has become inappropriate to perform his or her
duties.
2 The Parties may agree to remove the Mediator.
3 If the JCAA finds circumstances similar to those provided for in Article 23(1) of Code of Civil Procedureof Japan with regard to a Mediator, the JCAA shallremove the Mediator.
Article 20 Appointment of Substitute Mediator
1 The JCAA shall promptly notify the Parties and theother Mediator if any Mediator ceases to perform hisor her duties due to challenge, removal, resignation,
or death.
2 If the Mediator who has ceased to perform his or
her duties was appointed by a Party, the Parties or
the Party-Appointed Mediators, such Party, Parties or
Party-Appointed Mediators shall notify the JCAA of theappointment of the substitute Mediator by submitting
the document provided for in Article 16.4 within two
weeks from their receipt of the notice under Article
20.1. If such Party, Parties or the Party-Appointed
Mediators fail to do so, the JCAA shall appoint thesubstitute Mediator under Articles 17.5 and 17.6.
3 If the Mediator who ceases to perform his or her
duties was appointed by the JCAA under Article 20.1,
the JCAA shall appoint a substitute mediator under
Articles 17.5 and 17.6.

CHAPTER IV Mediation Proceedings
Article 21 Conduct of Mediation Proceedings
1 During the mediation proceedings, the Mediator shallact diligently and fairly, and help the Parties to resolve
their disputes among themselves.
2 Upon being confirmed or appointed by the JCAA, the10Commercial Mediation Rules

Mediator shall promptly discuss with the Parties theprocess of conducting the mediation proceedings
including the following, and conduct the mediation
expeditiously:(1) the language(s) of the mediation;(2) the schedule and the manner of exchanging thewritten statements and documents;(3) the date and place of the mediation session;(4) whether the mediator shall suggest to all theParties its proposals for settlement and, if so, thetiming thereof; and(5) the time limit for concluding the mediation.
3 Where the Parties agree on the process for conducting
the mediation proceedings, the Mediator shall conduct
the mediation proceedings based upon such Parties’agreement.
Article 22 Separate Discussion
1 Unless otherwise agreed by the Parties, the Mediator
may discuss with a Party separately. However, in suchcircumstances, the Mediator shall disclose to all theother Parties the fact that such separate discussions
have taken place.
2 The Mediator may not disclose any information to theother Parties that the Mediator has obtained in separate discussions with a Party unless the disclosing
Party has authorized the disclosure.
Article 23 Confidentiality
1 The mediation proceedings shall be held in private,
and all records thereof shall be closed to the public.
2 The Mediator, the Parties, their counsels and assistants, the JCAA’s officers and other staff, and otherpersons involved in the mediation proceedings shallnot disclose facts related to or learned through themediation proceedings. The same shall apply to themafter their resignation, retirement, or completion of
their duties.
3 Article 23.2 shall not apply where such disclosure isrequired by law, is necessary to implement, enforce or
set aside the settlement agreement, or based on any
other justifiable grounds.
4 Notwithstanding Article 23.2, Article 24 shall apply
where the Parties present and prove the case in judicial, arbitral or similar proceedings pending between
11the Parties.
Article 24 Effect of Case Presented in Mediation
Proceedings
1 If any Party presents the case, gives testimony or
introduces evidence during the mediation proceedings, this does not affect the rights and duties of theParty.
2 Unless otherwise agreed by the Parties, a Party shallnot in judicial, arbitral, or similar proceedings pending
between the Parties present the case, or give or seek
testimony regarding the following:(1) the fact that the other Party proposed to conduct
mediation proceedings or accepted the proposal
to mediate, not including the fact that the mediation proceedings are taking place or has takenplace;(2) the fact that the other Party made admissions
or any other statements as to specific matters
during the mediation proceedings;(3) any proposals for settlement made by the otherParty or the Mediator during the mediation proceedings;(4) views expressed or suggestions made by theother Party in respect of the proposals for settlement under Article 24.2(3); and(5) the fact that the other Party indicated its willingness to accept a proposal for settlement.
3 Unless otherwise agreed by the Parties, a Party shallnot in judicial, arbitral, or similar proceedings pending
between the Parties introduce as evidence or make arequest for disclosure regarding the following:(1) a document or any other materials setting forth
the matters provided for in Article 24.2; and(2) a document or any other materials preparedsolely for purposes of the mediation proceedings.
4 Articles 24.2 and 24.3 shall not apply where:(1) the Parties need to state the case, give testimony or introduce evidence under Articles 24.2 and24.3 for the purpose of implementing, enforcing
or setting aside the settlement agreement; or(2) any law requires the Parties to state the case,give testimony or introduce evidence under
Articles 24.2 and 24.3.
5 A Party shall not state in judicial, arbitral, or similar
proceedings pending between the Parties that the12

Commercial Mediation Rulesother Parties waived their right to reject the disclosure, solely on the ground that during the mediation
proceedings the other Party presents its case, gives
testimony or introduces evidence regarding the matter which the other Parties may otherwise refuse todisclose.
Article 25 Time Limit for Concluding Mediation
1 The Parties may agree on the time limit for concluding the mediation proceedings or, if the time limit isextended, the extended time limit.
2 Where the Parties have not agreed on the time limit
under Article 25.1, such time limit shall be threemonths from the date when all the Mediators areappointed or confirmed by the JCAA. Such time limit
shall remain the same even if a substitute Mediator
is appointed due to challenge, removal, resignation,
or death unless the Parties agree to extend the time
limit.
Article 26 Settlement
1 Where a settlement is reached between the Parties in
the course of the mediation proceedings, the Parties
shall notify the Mediator thereof and submit a copy ofthe settlement agreement to the JCAA.
2 Prior to the submission under Article 26.1, theMediator shall sign the settlement agreement as awitness upon the request of all Parties.
3 Either Party may request the JCAA to attest that themediation agreement has resulted from the mediation
administered by the JCAA.
Article 27 Arbitral Award Based on Settlement
Where a settlement is reached between the Parties,
the Parties may agree in writing to appoint theMediator as arbitrator and request such arbitrator torecord the settlement in the form of an arbitral award.
Article 28 Termination of Mediation Proceedings
1 The mediation proceedings shall be terminated upon
any of the following circumstances:(1) a copy of the settlement agreement in respect of
all the disputes subject to mediation is submitted
13

to the JCAA;(2) the respondent fails to submit the Reply to the
JCAA within the time limit under Article 14.1.
However, where there is more than one respondent, the mediation proceedings shall be terminated only with regard to the respondent failingto submit the Reply;(3) all the Mediators are not appointed or confirmedby the JCAA due to a Party’s objection under
Article 17.5 within three months from the datewhen the JCAA initially sends the Parties the Listof Candidates for Mediator(s);(4) the time limit for concluding the mediation proceedings under Article 25 has expired;(5) the Mediator or the JCAA receives a notice of
withdrawal by any Party. However, where thenumber of the Parties is three or more, the mediation proceedings shall be terminated only withregard to the withdrawing Party;(6) when two weeks have passed from the day following the date on which the Parties or the
JCAA receives the decision from the Mediatorthat there is no likelihood of settlement on the
grounds that, among others, any Party appears
unwilling to reach settlement or the difference in
the Parties’ positions does not close. However,
the mediation proceedings shall not be terminated if all the Parties request the Mediator to continue the mediation proceedings within this time
limit; or(7) the JCAA notifies the Parties in writing of its
decision to terminate the mediation proceedings
under Article 35.2 on the ground that a Party has
failed to pay the deposit to the JCAA.
2 If the mediation proceedings is terminated under
Article 28.1, the JCAA shall promptly notify in writing
the Parties and the Mediator thereof.
Article 29 Commencement or Continue of Other
Proceedings
Any Party may commence or continue judicial, arbitral or similar proceedings in respect of the disputes
subject to mediation unless the Parties have agreed
otherwise or unless prohibited by law.

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CHAPTER V Fees and Costs
Article 30 Remuneration of Mediator
1 The amount of each Mediator’s remuneration shall bebased on the hourly rate of JPY 50,000 (not including
consumption tax) multiplied by the number of hours
reasonably required to conduct the following tasks
during the mediation proceedings (the “Mediation
Hours”); except only half of the traveling time theMediator spends for the mediation proceedings shallbe included in the Mediation Hours:(1) communicating with the Parties and the JCAA;(2) preparing or drafting notices or any other documents;(3) reviewing any written statements or documents
submitted by the Parties;(4) conducting research on legal or technical issues;(5) preparing for the mediation sessions and, to theextent necessary for such preparation, discussing
among the Mediators;(6) attending the mediation sessions; and(7) any other tasks which are required to conduct
the mediation proceedings.
2 Notwithstanding Article 30.1, the remuneration of theMediator may be calculated by any of the following
methods if all the Parties so agree:(1) fixed-fee;(2) the hourly rate or the fixed-fee amount shall
increase if a settlement is reached between theParties during the mediation proceedings; or(3) any other calculation method.
3 The JCAA shall determine the remuneration of theMediator who ceases to perform his or her duties due
to challenge, removal, resignation, or death unlessagreed otherwise by all the Parties and such Mediator.
4 The Mediator shall provide the JCAA with a monthly
report by the 20th of the following month that states
the Mediation Hours and a description of the work
performed for each day. The JCAA shall share thisreport with the Parties if any Party so requests.
Article 31 Payment of Mediator’s Remuneration
1 The Parties shall bear the Mediator’s remunerationand entrust to the JCAA the necessary work for pay-15

ment of such remuneration.
2 The JCAA shall pay to the Mediator his or her remuneration promptly following the termination of themediation proceedings.
Article 32 Mediator’s Expenses
1 Unless otherwise agreed by the Parties, the Mediatorshall be entitled to reimbursement by the JCAA of thefollowing expenses incurred to the extent reasonable
and required for the mediation proceedings:(1) transportation expenses (business-class airfares
and equivalent class fares for other modes oftransportation);(2) cost of post, courier, telephone calls, copies or
any other expenses that the JCAA finds reasonable taking into consideration the nature of thecase.
2 If the Mediator is required to use overnight accommodation, the Mediator shall be paid JPY 60,000 pernight as the flat rate of per diem allowance which
covers hotel charges, meals and other personal living
expenses.
3 The Parties shall bear the expenses and per diem
allowance under Articles 32.1 and 32.2 and entrust to
the JCAA the necessary work for reimbursement andpayment of such expenses and allowance.
4 The JCAA shall reimburse the Mediator’s expenses andpay the per diem allowance under Articles 32.1 and32.2 if the Mediator submits to the JCAA the receipt or
any equivalent documentary evidence thereof.
Article 33 Filing Fee
1 The Filing fee that the applicant shall pay at the timeof submitting a request for mediation shall be JPY
50,000 (not including consumption tax).
2 The JCAA shall not refund to the applicant the filingfee once the mediation proceedings commence.
Article 34 Administrative Fee and Reasonable
Expenses with Respect to the Mediation
Proceedings
1 The administrative fee that the Parties shall pay to the
JCAA is 10% of the total amount of the remunerationof the Mediator calculated under Article 30.
16

Commercial Mediation Rules2 The Parties shall bear the administrative fee and reasonable expenses incurred with respect to the mediation proceedings.
Article 35 Deposit and Accounting
1 Following the commencement of the mediation proceedings, the JCAA shall request the Parties to make adeposit, in one or more times as the case may be, tocover the Mediator’s remuneration and expenses, theadministrative fee and reasonable expenses incurredwith respect to the mediation (the “Mediation Costs”).
2 The JCAA may suspend or terminate the mediation
proceedings if any Party fails to make the deposit
under Article 35.1, unless any other Party otherwise
makes the deposit of such amount not deposited.
3 Upon termination of the mediation proceedings,
if the total amount of deposit paid by the Parties to
the JCAA exceeds the total amount of the Mediation
Costs, the JCAA shall promptly refund the excess
amount to either or both of the Parties.
4 Where any Party withdraw from the mediation proceedings under Article 28.1 (2) or Article 28.1 (5) andif the deposit paid by the Parties exceeds the amountof the Mediation Costs already incurred, the JCAA
shall promptly refund a part of the excess amount, as
the case may be, to such withdrawing Party.
5 Mediation Costs shall be equally apportioned among
the Parties unless otherwise agreed by the Parties.
Supplementary Provisions
1 The Rules shall come into effect on February 1, 2020.
2 Any mediation proceedings commenced under theCommercial Mediation Rules or the International
Commercial Mediation Rules before the Rules comeinto effect shall be governed by Commercial Mediation
Rules or International Commercial Mediation Rules;
provided that subsequent proceedings may, upon
agreement of the Parties, be conducted pursuant
to the Rules. In the event of such an agreement
between the Parties, the mediation proceedings thathave already been conducted shall remain valid.
3 The Rules shall apply where the applicant request thecommencement of the mediation proceedings basedon the agreement that the mediation shall be conducted under the International Commercial Mediation
Rules after the Rules come into effect.
17Mediation Clause
Clause A: Mediation Clause for Contracts
All disputes, controversies or differences arising outof or in connection with this contract shall be firstreferred to mediation in [city and country] in accordance with the Commercial Mediation Rules of theJapan Commercial Arbitration Association.
Clause B: Mediation Agreement for Existing Disputes
The parties hereby agree to refer the following dispute to mediation in [city and country] in accordancewith the Commercial Mediation Rules of the Japan
Commercial Arbitration Association:[brief description of the dispute]
Clause C: Mediation followed by Arbitration (Med-Arb)
The parties shall attempt to negotiate in good faith
for a solution to all disputes, controversies or differences arising out of or in connection with this contract(hereinafter referred to as “disputes”).
If the disputes have not been settled by negotiation
within [specify desired number] weeks from the dateon which one party requests to other party for suchnegotiation, the parties shall attempt to settle themby mediation in accordance with the Commercial
Mediation Rules of the Japan Commercial Arbitration
Association (hereinafter referred to as “JCAA”). The
parties shall conduct the mediation in good faith atleast [specify desired number] months from the dateof filing.
If the disputes have not been settled by the mediation, then they shall be finally settled by arbitrationin accordance with the Commercial Arbitration Rulesof the JCAA. The place of the arbitration shall be [cityand country].

18

Commercial Mediation Rules

THE JAPAN COMMERCIAL
ARBITRATION ASSOCIATIONTOKYO HEAD OFFICE
3rd Floor, Hirose Bldg.
3-17, Kanda Nishiki-cho,
Chiyoda-ku, Tokyo 101-0054, Japan
Tel. : 03(5280)5161
Fax. : 03(5280)5160
Email : mediation@jcaa.or.jp

URL: http://www.jcaa.or.jp