The Value of LocalMediation Committees in Taiwan’s Judicial System – A Case Study of Ciaotou District, Kaohsiung City

• Main Authors: Pai, Ming-Hung, 白銘鴻
• Other Authors: Liao, I-Ming
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/z3y9ws

碩士 === 國立高雄大學 === 政治法律學系碩士班 === 105 === The local mediation system is a well-intentioned system that has lasted for sixty years. From a legal perspective, "simplicity", "being easy to understand", and "feasibility" are the characteristics of the system; therefore, it is able to settle differences and maintain social harmony. This research investigated the existing mediation system by analyzing the ten rounds of amendments to the “Township and County-Administered City Mediation Act”, together with relevant academic publications and interviews between the mediators and the conflicting parties. From the concept of the constitutionally protected right of action, the constitutional significance of the mediation system is explained herein. The contribution of the mediation system was clarified by analyzing data pertaining to the mediation system and service. This research also reviewed the system and the legal position of mediators by analyzing the development of the “Township and County-Administered City Mediation Act,” and the existing laws and regulations. The mediators play an integral role in the mediation committee’s operation. This research thus focused on the mediators’ qualifications and avoidance of conflicts of interest. With the support of the emerging concept and employment of big data, suggestions on the mediator qualifications were provided in the research for the future development of the mediation system in judicial and practical terms.