If a party of a labor case files a motion for mediation, the labor mediation procedures shall be applied; the same applies to cases where a party files a lawsuit directly with the court, which is deemed to be a request for mediation in accordance with the law.
When a labor case that is pending in litigation is transferred to mediation pursuant to the law, the mediation procedure shall be applied in accordance with the procedures as stipulated in the Taiwan Code of Civil Procedure by the original court, the commissioned judge, or the assigned judge.

If several subjects are claimed in one labor case, and a part of the case meets the provisions of Article 16, Paragraph 1 of this Act, then all parts of the joint case shall be mediated in accordance with the labor mediation procedures by the court.
If a joint case, as described in the provisions of Article 2, Paragraph 2 of this Act, is filed, and the labor incident portion of the case is as stipulated in the provisions of Article 16, Paragraph 1 of this Act, then all parts of the joint case shall be mediated in accordance with the labor mediation procedures by the court.

To petition for a labor mediation, a written motion must be filed with a court with jurisdiction, or a statement should be declared orally pursuant to the provisions of Article 18 of this Act, and a filing fee shall be paid in accordance with the amount specified in Article 77-20 of the Taiwan Code of Civil Procedure.
The written motion as described in the preceding paragraph shall contain the matters specified in Article 18 Paragraph 3 of this Act, and shall preferably contain the matters specified in Paragraph 4 of the same Article.
The motion and its factual reasons, as stipulated in Article 18, Paragraph 3, Subparagraph 4 of this Act shall contain the movant's request, the specific reasons and facts, the legality of the mediation claim, and the circumstances of the dispute.
When the movant quotes, in the written motion, from documents in his or her possession, a written copy, or photocopy, of such documents shall be provided. If only parts of the documents are quoted, an excerpted copy extracting only the quoted portions, along with the date (year/month/day) that is stated on the documents, as well as the name of the author, title, and the author's signature or seal should be provided. If the documents are known to the opposing parties, or are too voluminous to be recorded, state only the names of such documents.
If the movant quotes, in the written motion, from documents, or other such exhibits, not in his/her possession, then the name and domicile, the residence of the person, or the agency in custody of such documents, shall be provided. If a witness is cited, the name and domicile or residence of such a witness, as well as the facts to be proved, shall be provided.
The written motion and its attachments, except for those submitted to the court, shall be transcribed or photocopied in quantities sufficient to serve such to the two labor mediators, as well as to each of the opposing parties.

If the parties file a motion for a combined mediation on several labor cases or a separate mediation on labor cases, the judge shall rule on such a motion. The same applies when the judge decides, ex officio, on a combined mediation or a separate mediation.
Before ordering a combined or separate mediation in accordance with the preceding paragraph, the parties shall be given an opportunity to express their opinions.
If the parties unanimously file a motion to combine related civil cases with the labor case for mediation, pursuant to the provisions of Article 19, Paragraph 2 of this Act, a combined mediation shall be so ordered.
If the Labor Mediation Committee deems that circumstances, as stipulated in Article 31, Paragraph 1 of this Act, exist as a result of the combined mediation, as described in the preceding paragraph, the mediation may be deemed unsuccessful in accordance with the said stipulation.

If a supplemental civil action, which is transferred to a civil court in accordance with the provisions of Part IX of the Code of Criminal Procedure, is a labor case, it shall be handled by a labor court.
Under the preceding circumstance, if it is a transferred first instance case of the District Court, and if it is a matter that should have undergone labor mediation procedures by the court in accordance with the law before filing a lawsuit, the labor mediation procedures shall be conducted first.

The judge should first investigate the legality of the motion as presented in the written motion for labor mediation and then act in the following manner:
1. If the court has no judicial power or jurisdiction over the case, the motion may be ruled to be transferred to the court that has the judicial power or the jurisdiction, in accordance with a motion or ex officio. However, if the motion cannot be transferred, it shall be dismissed;
2. If other illegal circumstances in the motion exist, it shall be dismissed. However, if such circumstances may be rectified, the court shall order such a rectification within a set time frame;
3. In case that any of the circumstances, as stipulated in Article 406 Paragraph 1 Subparagraph 4 or 5 of the Taiwan Code of Civil Procedure exists, the motion may be directly dismissed.
If initiating a litigation case is deemed as filing a motion for mediation and shall be dismissed under the provisions of subparagraph 2 of the preceding paragraph, such a case shall be reclassified as a labor litigation case and then be dismissed, pursuant to Article 249, Paragraph 1 of the Taiwan Code of Civil Procedure.

If workers file a motion for a case transfer, pursuant to the stipulations of Article 17, Paragraph 2, where the provisions of Article 6, Paragraph 2 and Article 7, Paragraph 1 apply, and it is then ordered to be corrected, transferred or dismissed, or if there are other matters that should be ruled on by a judge, according to the law, the judge shall do so in the name of the Labor Court. The same applies after the court forms a labor mediation committee.

If the parties file a motion or are deemed as filing a motion for labor mediation, with the exception of cases as described in the preceding two articles, the labor court judge shall, as soon as possible, designate two persons as labor mediators to jointly form a labor mediation committee.
In the circumstances described in the preceding paragraph, the judge shall, depending on the type and characteristics of the case and other specific circumstances required to handle the case, appoint one person each from the labor division and business division of the court's labor mediators lists, taking into consideration their expertise, field of experience, and background.
If a labor mediator, appointed in accordance with the preceding paragraph, is unable to perform his or her duties due to recusal, dismissal, death, or other circumstances, the judge shall appoint a successor from among other labor mediators of the group to which the said labor mediator belongs, taking into consideration the matters listed in the preceding paragraph.
If both parties of the labor case are in agreement with electing labor mediators to form a labor mediation committee, the judge may appoint or replace the said labor mediators according to their agreement.

A third party who has an interest in a labor mediation case may participate in the labor mediation procedures with the judge's permission; the judge may also notify interested third parties concerning the case and order such third parties to participate.

The parties should present facts and evidence and make the necessary preparations for evidence investigation, as early as possible, before the first mediation date.
The opinions of the parties concerning the claims or defense and attack methods of the opposing parties shall be presented as soon as possible, or within the period specified by the judge.

The judge shall designate the first mediation date within thirty days of the date on which the parties file a motion or are deemed as filing a motion for labor mediation, except in the following circumstances:
1. Circumstances as stipulated in Article 22 Paragraph 1 and Paragraph 2 exist.
2. It can be ensured that the necessary matters are prepared for organizing relevant disputed issues and evidence before the first mediation date
3. There are other special matters.
In addition to the matters referred to in subparagraphs 2 and 3 of the preceding paragraph, the following matters shall be taken into account for designating the date of the first mediation session:
1. The parties require a substantial period of time for preparation before the first mediation date.
2. it is necessary for the parties and labor mediators to attend.
The judge may order the clerk or other appropriate court staff to use convenient methods to confirm the presence of the labor mediators and the parties or to make the necessary preparations for the mediation.

The judge shall order the opposing party to submit a defense pleading within an appropriately designated time frame and shall order the movant to submit comments in writing concerning the statement of defense or to orally comment on the date of the mediation.
The designated time frame, as described in the preceding paragraph, shall be at least five days prior to the first mediation date, which is necessary for the movant to make reasonable preparations to comment on the content of the defense pleading.

The defense pleading should record the following matters to be submitted to the court:
1. Defensive response to the purpose of the motion and its reasons and facts.
2. A statement of admission or denial concerning the reasons, facts, and evidence as recorded in the motion. If there is a dispute, state the reason.
3. Evidence for use as proof.
4. Opinions concerning interested parties, as recorded in the written motion.
5. Opinions on matters necessary for determining the court to exercise jurisdiction and the applicable proceedings, as recorded in the written motion.
6. Opinions on other relevant cases pending in court, as recorded in the written motion.
7. Projected potential disputed issues and important facts and evidence pertaining to these issues.
8. Summary of negotiations or other processes that took place between the parties prior to submitting the statement of defense.
The provisions of Article 15, Paragraphs 4 and 5 regarding the filing of a written motion by a movant shall apply mutatis mutandis when the opposing party files a statement of defense.
When the opposing party submits the statement of defense and its accompanying documents, two written copies or two photo copies should be submitted; in addition, a separate written copy or photo copy shall be made available to directly notify the movant.

The parties may submit a supplementary written motion or defense or supplement orally on the date of mediation to comply with the requirement for submitting a supplementary motion or defense or for the purpose of responding to the opposing party's motion or defense. When deemed necessary, the judge may order the parties to submit supplementary pleadings within a set time frame or to supplement orally on the date of mediation.
The provisions of Article 15 Paragraphs 4 and 5, regarding the filing of a written motion by a movant, shall apply mutatis mutandis when the parties file a supplementary written motion.
When the parties file a supplementary written motion and its accompanying documents, two written copies or two photo copies should be submitted; in addition, a separate written copy or photo copy shall be made available to directly notify the opposing party.

The written motions, statements of defense, and supplementary written motions of labor mediation shall be written in concise text and in orderly itemized paragraphs.

The notice about the first mediation date shall contain the matters stipulated in Article 22, Paragraph 1 and Article 24, Paragraph 1 and shall state the legal consequences if the parties are absent, as well as a list of the exhibits to be brought forward on the mediation date.
The written copy or photocopy of the labor mediation written motion or a transcript and its accompanying documents, shall be served to the opposing party along with the notice of the first mediation date, as described in the preceding paragraph. However, this rule does not apply if the said documentation has been served before serving notice of the first mediation date.

Unless stipulated otherwise, the labor mediation committee shall conduct the following procedures according to the requirements of the case on the date of mediation:
1. Hearing both parties' statements.
2. Organizing the points of dispute and evidence and facilitating the parties to reach an agreement on the mediation claims, facts, evidence, or other matters and disputes that require disposition.
3. Matters as stipulated in Articles 30 and 31.
4. Timely advising of the parties of possible outcomes of a litigation.
5. Persuading and guiding the parties towards reaching a mediation agreement.
6. Scrutinizing and determining the mediation terms.
7. Making appropriate proposals.
The advice, as described in subparagraph 4 of the preceding paragraph, shall be made by the judge, and the judge shall consult the Labor Mediation Committee before offering such advice.

The judge shall, at all times, take care to exercise the power of elucidation by questioning or advising the parties concerning their factual and legal statements, declarations of evidence, or other declarations or statements as necessary to establish the legality of the dispute. If any of their declarations or statements are not clear or incomplete, the judge shall order them to be clarified or supplemented.
After informing the judge, the Labor Mediators may ask questions or give advice to the parties.

In order to examine the relationships of the events and the disputed issues between the parties, facilitate the parties' consensual resolutions, scrutinize and determine the mediation terms, make appropriate proposals, or meet other needs associated with a mediation, the labor mediation committee may listen to the statements of the parties, the statements of persons with specialized knowledge or experience, persons familiar with the whole case, or third parties. The committee may also inspect the scenes or the conditions of the mediation subjects, request the third parties to provide relevant documents or information, and may do such activities using convenient methods.
When the labor mediation committee considers it necessary, in accordance with the circumstances of the case, it may investigate the evidence in accordance with the Ordinary, Summary, or Small Claims Proceedings that should be applied when said lawsuit is filed.
When adjudicating statements, or examining witnesses, in accordance with the provisions of the preceding two paragraphs, the Labor Mediation Committee shall inform the judge and then question the person making the statement or the witness.
With respect to the results of the disposition and evidence investigation, as described in the first and second paragraphs, the parties and the interested parties who are aware of such matters should have the opportunity to be present and express their opinions.

In order to facilitate a successful mediation, the Labor Mediation Committee should, depending on the situation, adopt a peaceful, sincere manner, give timely and appropriate advice to the parties, and draft a fair proposal on the mediation matter in order to seek harmony between both parties in the case. However, the procedures, as described in the provisions of Article 29, Paragraph 1, Subparagraph 1, may not proceed without the consent of the parties.
The advice described in the preceding paragraph shall be provided to both parties of the case; if necessary, it may be provided separately.

Before the labor mediation committee conducts labor mediation procedures in accordance with the proviso as stipulated in Article 25, Paragraph 1 of this Act or in the manner prescribed in Paragraph 2 of the same Article, the parties shall have the opportunity to state their opinions.

If the labor mediation procedures cannot be concluded on the assigned mediation date, unless there are special circumstances, the judge shall thereupon assign a date for a continuance, and inform the parties present and the interested parties participating in the mediation of the procedures scheduled for the continuance date, as well as the matters to be prepared for before the continuance date.
The clerk shall prepare written notifications for the date of the continuance mediation and matters to be prepared for, as described in the preceding paragraph, and shall serve them to the absent parties and the interested parties participating in the mediation.

When a settlement is reached regarding the matters not petitioned by the parties in the action, or regarding a third party's participation, such a settlement transcript may serve as a writ of execution.

The agreement, as described in Article 27, Paragraph 1 of this Act, may be withdrawn by the parties with the consent of the opposing party. However, if a mediation is deemed successful, in accordance with the provisions of Article 27, Paragraph 3 of this Act, such an agreement shall not be withdrawn.

The appropriate proposal, submitted in accordance with Article 28, Paragraph 1 of this Act, shall record the following matters:
1. The names, domiciles, or residences of the parties, and the interested parties participating in the mediation; the names, and principal offices, offices, or places of business, if they are juridical persons, institutions or groups.
2. If applicable, the name, domicile or residence of the legal representative, or agent.
3. The labor mediation event.
4. The appropriate proposal.
5. Reasons.
6. Date (Month/day/year).
7. The name of the Court.
Under the Reasons section, the gist of reasons for making an appropriate proposal shall be recorded; if necessary, the various facts of the dispute may be recorded in the same document.
The provisions of the preceding paragraph shall apply mutatis mutandis to orally advise the reasons for an appropriate proposal pursuant to the stipulation in Article 28, Paragraph 3 of this Act.

If an objection to an appropriate proposal is filed after the peremptory period, as stipulated in Article 29, Paragraph 2 of this Act, the court shall notify the objecting parties and the interested parties participating in the mediation of the state of the situation. However, this rule does not apply if other parties or interested parties participating in the mediation have already legally filed objections.

If a labor mediation movant opposes the continuance of the litigation, pursuant to the stipulation in Article 29 Paragraph 4 of this Act, the court shall notify the other parties and interested parties participating in the mediation of this situation. However, if the objection is presented on the mediation date, the court is not required to notify the attending parties.
If an objection to the continuance of the litigation is filed after the peremptory period, as stipulated in Article 29, Paragraph 4 of this Act, the court shall notify the labor mediation movant of the situation, and there is no requirement to perform further notifications, as stated in the preceding paragraph.
If initiating an action is deemed as filing a motion for mediation, and if the mediation is deemed to be unsuccessful, pursuant to the stipulations in Article 29, Paragraph 3 of this Act, the litigation of the case shall proceed.
In the circumstances as described in the preceding paragraph, if the plaintiff opposes the continuation of the litigation before the court, the court is not required to give notice, as stated in the first paragraph. Where there is doubt as to whether or not to withdraw the suit, the presiding judge or the commissioned judge shall clarify such doubt.

If a mediation is deemed unsuccessful, in accordance with the stipulation in Article 31, Paragraph 1 of this Act, it shall be so advised in writing stating the cause and the date (day, month and year) or recorded by the clerk in the transcript of the mediation procedures and signed by the Labor Mediation Committee judge and its committee members.
In the circumstances described in the preceding paragraph, the parties and the interested parties participating in the mediation shall be informed or notified.

The provisions of Article 39 shall apply mutatis mutandis in cases where mediation is deemed unsuccessful, under Article 31, Paragraph 1 of this Act and in other cases where mediation is unsuccessful, under Paragraph 2 of the same Article.

If the parties and interested parties participating in the mediation file an objection after the peremptory period, as stipulated in Article 29, Paragraph 2 of this Act, due to a natural disaster or other reasons not attributable to them, they may request a reinstatement of the peremptory period, in accordance with the provisions of Article 164 and Article 165 of the Taiwan Code of Civil Procedure.

If initiating an action is deemed as filing a motion for mediation, and if the judgment fee has been paid, the court shall, upon a successful mediation and in accordance with the parties' request, refund said payment to the parties, after deducting one third of the labor mediation filing fee.

The provisions of Article 419, Paragraphs 1 to 3 of the Taiwan Code of Civil Procedure shall not be applicable to labor mediation procedures. However, if the mediation movant, upon the date of an unsuccessful mediation, waives the right to oppose a continuance of litigation, as stipulated in Article 29, Paragraph 4 and Article 31, Paragraph 2 of this Act, then the provisions of Article 419, Paragraph 1 of the Taiwan Code of Civil Procedure shall still apply.
The provisions of Article 436-12 of the Taiwan Code of Civil Procedure shall not be applicable to labor mediation procedures. However, such a provision shall not apply to the following circumstances:
1. The mediation movant, upon the date of an unsuccessful mediation, waives the right to oppose a continuance of litigation, as stipulated in Article 29, Paragraph 4 and Article 31, Paragraph 2 of this Act.
2. The initiation of an action is deemed as filing a motion for mediation.

The clerk shall make a transcript of the labor mediation procedures and record the following matters:
1. The location and date (day, month and year) of labor mediation.
2. The names of the judge, labor mediators, and clerk.
3. The labor mediation event.
4. The names of the parties, legal representatives, agents, assistants, interested parties, and other persons who were present under notification.
5. The names of the persons permitted to attend the proceedings shall be provided in accordance with the provisions of Article 25, Paragraph 1 of this Act, and the labor mediation shall then be conducted with the seclusion measures as stipulated in Paragraph 2 of the same Article.

In the transcript, as mentioned in the preceding Article, the gist of the labor mediation shall be recorded; in addition, the following items shall be clearly recorded:
1. Withdrawal of attack and defense methods.
2. Declaration or rejection of evidence.
3. Results of sorted points of dispute and evidence.
4. The agreement between the parties on the subject matter of the mediation, facts, evidence, or other matters subject to the parties' disposition.
5. Other declarations or statements that should be included in the transcript in accordance with the law.
6. Statements of witnesses or expert witnesses and the results of inspections.
7. The agreement of the parties to engage in the mediation.
8. The mediation clauses to be clearly stated, in accordance with the provisions of Article 27 Paragraph 3 of this Act.
9. The appropriate proposal and the gist of reasons provided orally by the labor mediation committee.
10. A decision that the mediation is deemed unsuccessful by the labor mediation committee and the reasons for this, in accordance with the provisions of Article 31, Paragraph 1 of this Act.
11. The movant withdraws the motion for a labor mediation on the mediation date.
12. Waiving the right to oppose the continuance of litigation on the mediation date.
In addition to the aforementioned matters, the judge may order that the important declarations or statements made by the parties and the circumstances in which the parties do not make such declarations or statements after being advised be recorded in the transcript of labor mediation procedures.

The matters, as described in the first paragraph of the preceding Article, and as recorded in the transcript of labor mediation procedures, or in cited documents that are included in the case dossier, or in the addendum, shall, on motion, be read aloud or made available to the related parties to read at the location of the labor mediation; and such event shall be recorded in the transcript.

Unless stipulated otherwise, the judge and the clerk shall sign the transcript of the labor mediation procedures; if the judge is unable to sign for any reason, the labor mediators shall all co-sign; if the judge and the labor mediators are unable to sign, only the clerk shall sign; if the clerk is unable to sign, the judge or labor mediators shall sign, and the reasons for the alternate signatures shall be recorded.
If one of the following matters is recorded in the transcript of labor mediation procedures, the labor mediators shall sign the transcript:
1. The mediation clauses as clearly stated by the clerk in the transcript in accordance with the provisions of Article 27 Paragraph 3 of this Act.
2. The appropriate proposal, as stipulated in Article 28 Paragraph 3 of this Act.
3. The provisions in Article 31, Paragraph 1 of this Act, where the mediation is deemed unsuccessful.
Concerning the signatures as stated in the preceding paragraph, if for any reason a labor mediator is unable to sign, the judge shall make a notation of the reasons.

The labor mediation transcript, which includes the matters described in the provisions of Article 46, Paragraph 1, Subparagraph 4 and signed by both parties, also stands as a written agreement, as stipulated in the provisions of Article 30, Paragraph 2 of this Act.
Under these circumstances, as described in the preceding paragraph, the judge shall advise both parties of the legal validity of the provisions of Article 30, Paragraph 2 of this Act before both parties sign the said document.

In a combined mediation, if the parties and the interested parties participating in the mediation agree to a continuance of the mediation; if the case is complex, or if there are other specific reasons, the said mediation is not restricted by the stipulation of Article 24, Paragraph 1 of this Act concerning the conclusion deadline and the number of mediation dates.

If the movant withdraws the motion for a labor mediation, the clerk shall notify the opposing party and the interested parties participating in the mediation. However, this rule does not apply if the said parties are present on the date of the mediation and are informed of said event.
When a labor mediation is withdrawn, the civil action portion of the combined mediation case shall be handled in accordance with the provisions concerning a failed mediation, as stipulated in Article 19, Paragraph 3 and Paragraph 4 of this Act.