Mediation in Taiwan

Quick Facts

• Legal Framework: Taiwan has a well established ADR framework with specific legislation for mediation and arbitration. The legal framework governing arbitration is primarily found in the Arbitration Law of the Republic...
• Cultural Approach: Mediation is widely used, especially for family law disputes, commercial disputes, and labor disputes. Family mediation is particularly common for disputes related to divorce, child custody, and inher...
• Typical Costs: Generally considered less costly and time-consuming than litigation. Professional mediator fees generally range from TWD 3,000-10,000 per hour for commercial mediation. Court-annexed mediation may hav...

Mediation Research

Legal Framework

Taiwan has a well established ADR framework with specific legislation for mediation and arbitration. The legal framework governing arbitration is primarily found in the Arbitration Law of the Republic of China (Civil Procedure Law, Articles 529-552) and the Taiwan Arbitration Act (1998), which is based on UNCITRAL Model Law and has been further developed to align with international standards. The Mediation Law of 2005 regulates court annexed mediation, allowing judges to refer cases to mediation to facilitate settlements before proceeding to full trial. The Labor Standards Act and the Labor Dispute Mediation and Arbitration Act encourage conciliation between employers and employees to resolve conflicts such as wage disputes, wrongful termination, and workplace discrimination. The Taiwanese Civil Procedure Code also encourages parties to resolve disputes through mediation during the course of litigation.

Court System

Judges can refer cases to mediation, and court annexed mediation is common. In many cases, mediation is court ordered and occurs before or during the litigation process. A judge may suggest or refer the case to a mediator to try to settle the matter before judicial hearings begin. The Family Court in Taiwan encourages mediation before proceeding with formal adjudication in family law cases. If parties reach an agreement, the court may issue a final order based on the terms of the mediation.

Mediator Regulations

The Mediation Law of 2005 regulates court annexed mediation. Mediation typically involves a neutral third-party mediator who helps disputing parties reach a mutually acceptable agreement. Specific regulations governing mediator qualifications, training requirements, or accreditation standards are not detailed in available sources.

Cultural Approach

Mediation is widely used, especially for family law disputes, commercial disputes, and labor disputes. Family mediation is particularly common for disputes related to divorce, child custody, and inheritance to avoid lengthy litigation. Commercial mediation is gaining popularity for businesses looking to avoid costly and time-consuming litigation.

Typical Costs

Generally considered less costly and time-consuming than litigation. Professional mediator fees generally range from TWD 3,000-10,000 per hour for commercial mediation. Court-annexed mediation may have subsidized costs. Family mediation encouraged before formal adjudication. CAA and TIAA provide institutional fee schedules.

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