The American Version of a Dispute Resolution Office
Takayama:
Japanese people have always had a deep trust in authority.
In 1776, Swedish botanist Carl Peter Thunberg visited Edo and wrote about his astonishment at Japan’s court system in his Travels in Japan.
In Japan’s traditional "white court" system, there were no lawyers, prosecutors, or judges.
A single government official called a yoriki would first act as a prosecutor and interrogate the accused, then switch roles to investigate any mitigating circumstances, and finally, as a judge, pronounce the sentence.
One person performed three roles, yet both the parties involved and the accused would generally accept the verdict.
Thunberg was also amazed by the sheer efficiency:
Under each of the northern and southern magistrates of Edo, there were only 25 yoriki and 120 lower-ranking officials, along with about 300 hired informants—yet they maintained public order and handled all civil disputes for a city of over one million people.
In other words, even with a minimal judicial system, Japan functioned perfectly well.
People were deeply averse to bringing disputes to court and preferred to resolve conflicts through discussion.
That mindset still persists today:
Japanese tend to assume that lawsuits should only be a last resort, and therefore, when someone is sued, they become extremely fearful.
Meanwhile, Americans are exposed to litigation culture from childhood.
In school, they often conduct mock trials as part of their education.
Moreover, the U.S. has something called "Small Claims Court."
It’s a simplified court for cases involving claims under $5,000 (about 730,000 yen), although the amount varies by state.
Ugaya:
In simple terms, it's like an American "dispute resolution center."
Takayama:
Exactly.
When you go to file a case at the Small Claims Court, there are even roped-off queues just like the entrance to Disneyland.
Sometimes the lines are so long, it’s astonishing.
It made me realize just how normalized litigation is in American life—
how natural it is for Americans to sue at the drop of a hat.
Ugaya:
I remember visiting the New York apartment of an American photographer I was friendly with.
He said he had recently sued the upstairs neighbor in Small Claims Court.
When I asked why, he said,
"The kids keep dribbling a basketball inside the apartment. It's unbearably noisy. I asked them repeatedly to stop, but they wouldn't. So I had no choice but to sue."
As a Japanese person, I thought such neighbor disputes should be solved through talking things out.
But in the U.S., that’s often impossible.
The other party may be an immigrant with completely different customs and cultural values.
When mutual understanding is impossible, Americans feel the only solution is to let a judge decide.
That’s what my photographer friend told me.
Takayama:
The late Ayako Sono once wrote in her Sankei Shimbun column that while she had no problem studying, working, or socializing with people of different races, she firmly believed people should live separately.
When she visited Johannesburg in South Africa, she observed that in one apartment block, around 30 Black tenants had moved in together.
Ugaya:
These days in Japan, it’s common to see eight or even ten Chinese nationals crammed into a single room.
Takayama:
When Sono made that point, she was criticized as being "racist,"
but looking at how Japan is now flooded with immigrants, wasn’t she absolutely right?
We don’t need problematic foreigners pouring in.
At the very least, it’s better to live separately.
Ugaya:
When I once met a New York landlord, the first thing he asked was, "Are you Chinese?"
When I said, "No, I'm Japanese," he responded, "Ah, that's good. Japanese tenants take care of the property."
Takayama:
Nowadays, in places like Kawaguchi City, there are entire apartment buildings occupied only by Chinese nationals.
Japanese residents have fled as conditions deteriorated—like trash being thrown out of windows.
In any case, Small Claims Courts in the U.S. handle claims under $5,000.
Depending on how you see it, that amount is either cheap or expensive.
Ugaya:
Japan’s simplified courts handle claims under 1.4 million yen.
New York’s Small Claims Court sets a much lower threshold.
If you want to peacefully resolve intercultural conflicts, there’s no choice but to rely on legal means.
Thus, lawsuits naturally increase in areas where multicultural populations coexist.
Lawyers in both California and New York told me with wry smiles,
"Yeah, Americans sure do love to sue."
Takayama:
Which is why lawyers wield so much power there.
I just hope Japan doesn’t become like that.
This article continues.
