Learning from Japan: The Case for Increased Use of Apology in Mediation

This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use of apology in Japan, while Part IV examines the apology as used in the United States. Part V discusses the symbiotic relationship between apology and mediation