Power of Apology

To varying degrees, apology is valued universally and has been accepted as effective tool in ADR in multiple countries. By 1986, “apology legislation,” which legalizes use of apology as legal remedy, had been introduced in 56 jurisdictions including the United States, United Kingdom, Australia, and Canada to settle a variety of conflicts, including business disputes, family disputes, sexual assault charges on college campuses, and international war crime tribunals.[7] However, fear that apology can be construed as admission of guilt or liability remains in the United States.[8]

It is this strategic thinking, based on which one abstains from apologizing, which offends Japanese parties even more because it indicates that strategy rather than respect is controlling. It is especially disrespectful, the offended Japanese party may conclude, that apology is not forthcoming. The American strategy of rational thinking and self-preservation can be described as “kakehiki” in Japanese. Although kakehiki is just as valuable and inevitable in business in Japan as it is in the United States, it is not necessarily honorable in Japanese psyche. Kakehiki endorses hedging bets and calculating what is most advantageous at the expense of more honorable values such as respect. In contrast, formal apology shows respect, honor, and courage.

Therefore, when problems arise in ADR and apology is demanded, withholding it can be devastating. Parties can end up with more problems than when they started the ADR. This is where procedural apology can be effective because it can cure potentially serious relationship problems quickly without addressing substantive issues so the parties can return to solving the substantive issues.

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