Mediating
at Taiwanes courts and communities
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Country: Language: |
After
an introduction of mediation in western and in eastern ountries, showing
that mediation is a modern conflict resolution method in the West, while
it is a traditional conflict resolution process in the East, I will talk
about the practice of mediation in Taiwan and its codification. I will begin with the Taiwanese practices of mediation at courts where it is obligatory for many cases. In contrast to mediation in the community, mediation in the courts is run by a judge. Referring continuously to the legislation on mediation, I will show how mediation is integrated into the court system. Subsequently, I will present mediation in the community, where it is an even more informal process than at court. Here a mediation committee of lay persons is in charge of mediation. It is interesting to know that mediation in the community is supervised by the court. In the last part of my presentation, I will give data of the practice of mediation. This data shows that mediation has increased in the communities even though it is not mandatory. What is most interesting is the fact that mediation in the community is far more effective than mediation at courts. At courts a much smaller percentage of mediated cases is settled than in the communities. |
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