Since mediation proceedings are not viable without the approval of both parties, it is possible for the mediation to end in failure at any time if a party does not wish to achieve a resolution through mediation, even if the mediation is in process.

Therefore, when an application for mediation is made against you, we recommend that you attend the proceedings, listen to the presentations, and see how things go in the meantime, instead of completely refusing to participate in the proceedings at all from the beginning.

If a settlement agreement is prepared as a result of mediation, it is usually not enforceable, but an international settlement agreement where the parties agree to civil enforcement under the United Nations Convention on International Settlement Agreements Resulting from Mediation or its implementing laws and regulations, or a specified settlement as provided for in the Act on Promotion of the Use of Alternative Dispute Resolution, can be enforced by obtaining a court decision to enforce it. In addition, there are other ways to ensure the implementation of the settlement, such as by having the settlement contents notarized or by switching to arbitration procedures. However, it is generally considered that when a settlement is reached between the parties, it is often voluntarily implemented.