Apart from matters belonging to Category D provided in Article 3, a court’s ruling on an action on a family matter shall be preceded by a mediation proceeding.
Apart from matters requiring a service by constructive notice or a service effectuated in a foreign country, where the parties initiate an action with regard to the matters provided in the preceding paragraph, such an initiation shall be deemed to be one for mediation.
Except as otherwise provided in the statutory law, the parties may apply for mediation to precede the court’s ruling on an action with regard to matters belonging to Category D.

Settlement reached by mediation concerning the content and method of the exercise of rights or the assumption of duties with regard to a minor child or concerning the identification of a minor child may not prejudice the interest of a minor child.

Except as otherwise provided in the statutory law, mediation on family matters shall be under the jurisdiction of the court that has the jurisdiction to hear the proceedings of the family matters.

In dealing with a multiple of family matters the subject-matters of which are related, the court may, upon motion by the parties or on its own initiative, order the mediation proceedings for those matters to be joined.
The Parties may, by agreement, motion to the court for a related civil matter to be joined with the family matter for mediation. Under such a circumstance, the civil matter concerned shall be deemed to be under an initiation for civil matter mediation.
With regard to the civil matter that is joined with the family matter for mediation, if it has already been registered with the court, the proceedings for that civil matter shall be suspended. Where the mediation concerned is brought to a successful conclusion, the proceedings for that civil matter shall be closed; where the mediation concerned is not brought to a successful conclusion, the proceedings for that civil matter shall resume.
With regard to the civil matter that is joined with the family matter for mediation, if it has not yet been registered with the court, and where the mediation concerned is not brought to a successful conclusion, depending on the will of the parties, the proceedings for that civil matter shall be transferred to the appropriate civil procedure or other procedures to be continued; where the will of the parties is against such a transfer, the proceedings for that civil matter shall be closed.

Mediation proceedings for the family matter shall be conducted by a judge, who may request voluntary assistance from other agencies or organizations.

With regard to an initiation for mediation, where a judge, in the course of conducting the mediation proceedings and out of an assessment of the nature of the subject-matters of the case, comes to the belief that the continuation of the mediation will not yield tangible benefits, the judge shall question or direct the parties so as to acquire the agreement from the applicants, which shall be the basis for a ruling to direct the case to apply the adjudicative or other procedures; in circumstances under which the applicants are unwilling for the matter to apply other procedures, the judge shall deny the initiation by a ruling.
A ruling made in accordance with the preceding paragraph is not reviewable.
Where the court makes a ruling to direct the case to apply the adjudicative procedures based upon the agreement of the applicants in accordance with Paragraph 1 of this Article, the action shall be deemed to have been initiated upon the filing of the application for mediation.

In the course of family matter proceedings the court may, upon its own initiative, order the case to go through mediation. Except as otherwise agreed by both parties or stipulated in the statutory law, the order to submit the case to mediation shall be made only once.
Under the circumstance provided in the preceding paragraph, the original proceedings shall be suspended. Where the mediation concerned is brought to a successful conclusion or where a ruling done in accordance with Article 33 or Article 36 becomes final and binding, the proceeding shall be closed. Where the mediation is not brought to a successful conclusion or where there exists no ruling done in accordance with Article 33 or Article 36, or such a ruling, while existed, ceases to be valid, the proceeding shall be stayed.

With regard to matters involving divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own disposition, a mediated decision on such a family matter is reached, by the agreement of the parties, upon the entry of the settlement into the mediation record. With regard to matters involving divorce or termination of an adoptive relation, the mediated decision has to be explicitly agreed to by the parties to be effective.
A mediated decision in accordance with the preceding paragraph has the same effect as a binding decision of the court upon its being reached.
Where a mediated decision involves matters of personal identity or relationship that shall be effectuated by registration in accordance with the law, the court shall, upon its own initiative, notify the incumbent household registration office of such a circumstance.
Where a mediation is brought to a successful conclusion, the parties may, within three months from the date on which the mediated decision is reached, move for the return of two-thirds of the court costs.

Where both parties have appeared on the date designated for the mediation session but the mediation did not yield a settlement, the court may, upon motion by one of the parties, order the case to be continued with the adjudicative procedure appropriate for the nature of the subject-matters; in such a circumstance the case shall be deemed to be brought to the court for adjudication from the date when the initiation for mediation was made. Nonetheless, the motion for postponement of the date for court session made by the other party shall be granted.
Where a mediation brought by the parties by agreement did not yield a settlement, and when a applicant initiates the action within a peremptory period of ten day following the service of an unsuccessful mediation, such an action shall be deemed to be brought to the court for adjudication from the date when the initiation for mediation was made; the same applies to a request for application of the adjudicative procedure made prior to the service of an unsuccessful mediation.
With regard to a situation where a party’s initiation of an action is deemed to be an initiation for mediation, where the mediation did not yield a settlement, except where the parties motion for postponement of the date for court session, the court shall order the case to be continued with the adjudicative procedure appropriate for the nature of the subject-matters. In such a circumstance, the case shall be deemed to be brought to the court for adjudication from the date when the original initiation of the action was made.
Paragraphs 1, 2 and 3 of this Article do not apply to a situation where there exists a ruling done in accordance with Article 33 or Article 36.
Representations or concessions made by the parties in the mediation proceedings may not be admitted as the basis for making a decision over an action initiated as a result of an unsuccessful mediation.
Where representations or concessions provided in the preceding paragraph have resulted in a written agreement on the subject matters of the proceeding, the facts of the case, the evidence or other matters that are subject to the parties’ own disposition, the parties shall be bound by the agreement so reached. The foregoing does not apply to circumstances under which the parties agree on amending the said agreement, there exist reasons not imputable to the parties, or there are other circumstances that render such an agreement manifestly unfair.

Rules that govern the qualification, selection and designation, performance assessment, training, discharge, remuneration or other related matters with regard to mediators handling family matters shall be prescribed by the Judicial Yuan.
Mediation on family matters shall be handled by mediators who shall be selected from the appropriate persons who are equipped with awareness of gender equality and respect for multiculturalism.
Except as otherwise provided in this Act, provisions in Part II, Chapter II of the Code of Civil Procedure on the mediation proceeding shall apply, mutatis mutandis, to mediation proceedings for the family matters.

With regard to matters that are not subject to the parties’ disposition, where the parties are very close to agreeing on their settlement or where the parties do not dispute the existence or inexistence of the transaction or occurrence that has given rise to the case, the parties may, by agreement, petition for a court ruling.
Prior to making a ruling in accordance with the preceding paragraph, the court shall take into consideration the opinions of the mediators and the reports submitted by the family matter investigation officer. The court shall also investigate facts and necessary evidence on its own initiative, and it shall grant the parties or known interested parties an opportunity to speak on the results of the investigation. The Parties’ motion for an oral argument proceeding shall be granted.
Provisions in Part I, Chapter II, Section 1 of the Code of Civil Procedure on third person intervention shall apply, mutatis mutandis, to the proceedings provided in Paragraphs 1 and 2 of this Article.

A ruling made in accordance with the provisions in the preceding article shall state the reasons therefor.
An interlocutory appeal may be taken from a ruling made in accordance with the provisions in the preceding article; except as otherwise provided in the statutory law, the execution of the ruling shall be stayed pending such an appeal.
Provisions in Paragraphs 1 and 2 of this Article and in Paragraphs 2 and 3 of Article 33 shall apply, mutatis mutandis, with regard to the court’s decision on the interlocutory appeal.
No re-appeal may be taken from the ruling made by the appeal court, except on the grounds that such a ruling is in contravention of the laws or regulations.
Provisions in Article 486, Subparagraphs 1 to 4 and 6 of Article 469, Article 475 and Article 476 of the Code of Civil Procedure shall apply, mutatis mutandis, to the circumstance provided in the preceding paragraph.

A ruling made in accordance with Article 33 that has become final and binding has the same effect as a binding judgment.
A rehearing action to a final and binding ruling as provided in the preceding paragraph may be initiated, applying, mutatis mutandis, provisions in Part V of the Code of Civil Procedure.
A third party whose interest is affected by a final and binding ruling made in accordance with Paragraph 1 of this Article may motion for the revocation of the original ruling, applying, mutatis mutandis, provisions in Part V-I of the Code of Civil Procedure.

Where a mediation on matters subject to the parties’ disposition is not brought to a successful conclusion and there exists one of the following circumstances, the court shall make an appropriate ruling for the case, taking into consideration the opinions of the mediators, balancing the rights and interests of the parties, as well as considering the primary intentions of the parties and any other relevant circumstances:
1. where the parties, by agreement, motion for a court ruling;
2. where the parties, by agreement, motion for a joint ruling combining matters not subject to the parties’ disposition but are related to, in connection with, or ancillary to the original claims;
3. where the parties are very close to agreeing on their settlement and differ only on matters related to, in connection with, or ancillary to the original claims, and where the court considers it necessary to consolidate the handling of the matters concerned and has sought the consent from both parties.
Provisions in Paragraphs 2 and 3 of Article 33, Article 34 and Article 35 of this Act shall apply, mutatis mutandis, to the procedures governing the matters provided in the preceding paragraph.