■ Introduction to the Mediation Committee
The Mediation Committee of Xiaying District is composed of just individuals who are well-versed in law and respected in the local areas. The goal of the Mediation Committee is to absolve conflicts in order to achieve peace and harmony. Anyone is welcome to approach the Mediation Committee for relevant problems. The Mediation Committee is located on the 2nd Floor of the District Office.
■ Issues Mediated
1. Civil issues: Debts, rents and lease, vehicle accidents and compensation, and other associated civil issues.
2. Criminal incidents where there would be no trial without complaint: Common injuries, accidental injuries, public insults, slander, and other criminal cases established through complaint.
Note：
1.One may not apply for mediation if the trial has already been closed in the Court of First Instance.
2.Vehicular accidents that involve injury or death are regarded as a criminal case. Accidents that do not involve injury would be a civil case.
※ Mediation services would not be provided for the following civil cases:
1. Divorces, ineffective marriages or canceling of marriages, parentage acknowledgment, child custody, child adoption, and abandonment of inheritance.
2. Acts that violate regulations against forced or illegal behaviors, acts that go against public order or cultural norms, or acts to acquire immense gains or profits.
3. Legal declaration of death, custody, support, provisional attachment, provisional injunction, and notarization.
4. Transfer of ownership for unregistered buildings, disputes between land boundaries, land subdivisions, mortgages, and chattel pledges.
5. Disputes between rents and leases.
■ Jurisdiction of mediation
1. In the event that both parties live in the same district, village, township, or city, the Mediation Committee of the respective district, village, township, or city shall be responsible for handling the case.
2. Where both parties live in different districts, villages, towns, or cities, civil cases shall be settled by the mediation committee office at the place of residence, domicile, or business location. Criminal cases shall be settled by the mediation committee office at the place of residence or domicile or the district, village, township, or city mediation committee office at the place of the crime.
3. In the event that an agreement has been reached by both parties, and that the mediation committee of the district, village, town, or city has also agreed to receive the case, the said case shall be mediated by the said mediation committee and shall not be subject to the restrictions of the two aforementioned subparagraphs.
■ Declaration procedure (please visit the Mediation Committee's office on the 2nd floor of the District Office in person)
The parties or their respective agents (who must present a letter of indicating the power of attorney) shall submit a documented declaration and relevant documents to declare their intent and dates (in about 10 days) for the mediation.
■ Mediation Process
Document received→Notification (this Mediation Committee shall notify the parties by mail)→Mediation (every Wednesday)→ Results→ Submit to the Court for approval → Closure (both parties shall be notified).
■ Effectiveness of the mediation
1. Upon Court Approval, the litigant shall not prosecute, indict, or privately prosecute the other party.
2. Civil mediation that has been approved by the Court shall have the same effectiveness as the final court decision of civil cases.
3. For criminal case mediations approved by the court that involve the transfer of any monetary sum, other alternatives, or securities, the mediation certificate shall form the basis to enforce the transfer.
4. In the event that court-approved mediation has been established for civil cases that have already been submitted to court, but have yet to receive a final court decision, the said case shall be closed. The litigant may request the Court to return two-thirds of the court costs already paid within 3 months after the date of receiving the court-approved mediation certificate.
5. In the event that a court-approved mediation has been established and that the mediation certificate has stated that the litigant has agreed to retract his or her legal intentions for criminal cases indictable only upon complaint still undergoing investigation or before the Court of First Instance has resolved the case, the litigant shall be regarded as having retracted the indictment or private prosecution upon the moment that the mediation has been established.