Question from a reader:
Please tell me about the essence of reconciliation.

Considering the Essence of Reconciliation

The term reconciliation is often heard, but I believe few people deeply understand its essence. This time, I would like to delve into the essence of reconciliation from a legal perspective. This theme is extremely important for those aspiring to be judicial scriveners and also
includes psychological elements, making it quite interesting.

What is Reconciliation?

First, let’s start with a basic explanation of reconciliation (kankai). Reconciliation refers to a procedure in civil litigation law aimed at promoting agreement between parties. It seeks a peaceful resolution rather than a resolution through litigation, thereby reducing the burden of lawsuits and alleviating the court’s workload. For example, consider a company facing trouble with a business partner. Having both parties hire lawyers and file a lawsuit is time-consuming and costly. Therefore, by engaging in discussions with a third party through reconciliation, a peaceful resolution can be sought. This process is a very effective means of avoiding litigation.

Exploring the Essence of Reconciliation

So, what exactly is the essence of reconciliation? The key point to note here is the “consensus-building” that reconciliation aims for. This differs from mere settlement; it seeks for the parties to understand each other’s positions and emotions and to resolve issues in a mutually agreeable manner. For instance, returning to the case of the companies, let’s say Company A and Company B are having trouble in their dealings. At this point, how both parties exchange emotions and opinions during the reconciliation process is crucial. It’s not just about achieving a monetary resolution, but reaching an agreement that considers their future relationship, which aligns with the essence of reconciliation.

The Specific Flow of Reconciliation

Let’s take a look at the actual flow of reconciliation. First, the party wishing to reconcile files a petition with the court. It is important that both parties express their opinions during this petition. At this stage, psychological aspects have a significant impact. For example, if one party approaches negotiations aggressively, the other may become defensive, making good communication difficult. Next, a mediator for the reconciliation is appointed. This mediator plays a role in understanding both parties’ opinions and emotions and providing appropriate advice. The psychological approach here is crucial. The mediator draws out both parties’ opinions and responds with empathy to facilitate consensus-building. Ultimately, if an agreement is reached, it is documented in writing and has legal effect. This allows the parties to stand at a starting line for building a new relationship.

The Importance of Reconciliation from a Psychological Perspective

Reconciliation involves not only legal elements but also deeply intertwined psychological aspects. Human emotions are complex, and especially when trouble arises, various emotions can become entangled. In such situations, it is difficult to discuss matters calmly. Through my part-time work at a judicial scrivener’s office, I have often witnessed these reconciliation scenarios. There was a time when a client became emotional, and the discussion stalled. At that time, I made an effort to understand the client’s emotions and helped to gradually steer the conversation back to a calm state. I have experienced moments where a psychological approach leads to consensus-building.

Advantages and Disadvantages of Reconciliation

Reconciliation has various advantages. First and foremost, it significantly reduces time and costs compared to litigation. Additionally, there is a higher likelihood of building trust between the parties, which is beneficial for future relationships. On the other hand, there are also disadvantages. For example, if emotional conflicts are strong, it may become difficult to reach reconciliation. Moreover, even if an agreement is reached, it is important to consider whether it is truly satisfactory for both parties, as there is a possibility that issues may arise again later.

In Conclusion

When considering the essence of reconciliation, it becomes clear that it reflects not only legal aspects but also psychological elements. To aim for a peaceful resolution, communication and understanding of emotions between the parties are essential. Through the reconciliation process, I have realized the importance of understanding human relationships, not just legal knowledge. I feel that such experiences will greatly benefit my future activities as a judicial scrivener. Finally, when engaging in reconciliation, do not forget emotions. Building a new relationship in a way that both parties agree upon is, after all, the essence of reconciliation.