Mediation in Taiwan: Present situation and future developments

Abstract

The mediation system, the history of which can be traced back to the period of Japanese rule in Taiwan, is one of the mechanisms for alternative dispute resolution. To lessen the burden on the courts and to provide parties an approach to resolve disputes, the Judicial Yuan has promoted these mechanisms for several years. Regarding the mediation system in Taiwan, a distinction is made between court-annexed mediation and out-of-court mediation, which includes mediation in town and mediation in the administrative agencies. And each type is regulated by separate laws or rules with principles that protect procedural justice. The courtannexed mediation, which is regulated by the Code of Civil Procedure, includes both mandatory and voluntary mediations, differing from mediation out of court. In addition, the newly-implemented Family Proceedings Law also mandates that contentious family cases must first go through court-connected mediation before litigation. Meanwhile, out-of-court mediation allows specific professional disputes to enter mediation proceedings. As for the mediators, mediation in court is primarily conducted by judges while mediation out of court is conducted by mediation committees selected by law. If mediation is successful, its effectiveness varies from type to type. Cross-border mediation is mainly governed by the Chinese Arbitration Association, with only a few cases mediated over the past 10 years.