A Study on The Implementation of Mediation Mechanism in Taiwan

• Main Authors: LAI,CHENG-WEI, 賴成維
• Other Authors: YAN,YU-MIN
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/27cgpk

碩士 === 東吳大學 === 法律學系 === 107 === Disputes have been increasing with the progress of time nowadays. In order to resolve disputes more efficiently and to relieve the appeals of litigations for judicial organizations, the paper will start from the mediation mechanism of the township and county-administered city mediation committee provided under The Township and County-Administered City Mediation Act that is most commonly used by the public, introducing the structure regarding the organization of the township and county-administered city mediation committee as well as the legal effect of the mediation results made thereof. Such, in turns, conducts an in-depth discussion on the organization structure as well as legal effects of mediation process stipulated in the laws of Taiwan, and compares the mediation process between different laws. After analyzing the advantages and disadvantages, the paper further compares and conducts a discussion regarding the relevant mediation mechanism in the Mainland and the relevant mediation mechanism in Taiwan. In the end, the paper carried out a consolidated discussion and provided recommendations regarding whether such alternative dispute resolution has actual benefits in the era with such flood of disputes. The first section of the paper firstly illustrates the mediation process that the paper intends to aim at as well as the motivation, purpose, scope, and methods of relevant mechanisms. The second section introduced the most basic resolution for township and county-administered city, and then carries out comparison and analysis between the mediation results and the judgment results from the litigation process at the court. The third section explores the mediation mechanism under the laws in Taiwan and makes relevant introductions. The fourth section introduces the relevant laws of mediation mechanisms in the Mainland. The fifth section introduces and compares the mediation mechanisms in Taiwan and the Mainland. After the comparison of the mediation mechanism between Taiwan and the Mainland in the paper, the sixth section integrates the introduction and discussion for conclusions and recommendations.