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PART II PROCEDURE IN THE FIRST INSTANCE
Chapter I Ordinary Proceedings
Section 8 Mediation
Article 228-2
When a party to the litigation has the right to dispose of the subject matter of the litigation, and the mediation of the litigation does not harm the public interest, the administrative court may, at the consent of both parties to the litigation, move the case to mediation when the case is pending.
The commissioned or assigned judge of the administrative court may also attempt to mediate the case, as referred to in the preceding Paragraph.
When necessary, mediation may include matters that are not the subject matter of the litigation.
With permission granted by the administrative court, a third party may participate in the mediation. If the administrative court considers it necessary, it may instruct a third party to participate in mediation on its initiative or upon the application of a party.
Article 228-3
The original administrative court or the commissioned or assigned judge of the administrative court may appoint one to three mediators to mediate the case without judges. Mediators may request the presence of judges after mediation or in other circumstances. Judges may mediate a case directly whenever they consider it appropriate.
When parties to the litigation object to the mediators appointed by judges per the preceding Paragraph, judges may appoint other mediators.
Article 228-4
The administrative court should prepare a roster of individuals who are fit to serve as mediators so that judges find it convenient to appoint them. The Judicial Yuan shall determine the qualifications, periods of service, appointment, firing, information that shall be disclosed, per diem, travel expenses, compensation, etc.
When a judge finds it necessary in a matter of mediation, he or she may appoint as mediator a person not listed on the roster referred to in the preceding Paragraph.
The per diem, travel expenses and compensation are borne by the State.
Article 228-5
The following provisions of this Act shall apply mutatis mutandis to the circumstances provided in this Section: Article 85, Article 87, Paragraph 2, Article 87, Paragraph 3, Article 130-1, Article 220, Article 221, Paragraph 2, Article 221, Paragraph 3, from Article 222 to Article 228-1.
Article 228-6
The following provisions of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section: Article 84, Paragraph 1, Article 407, Paragraph 1, Article 407-1, Article 410, Article 413, Article 414, Article 420, Article 420-1, Paragraph 2, Article 420-1, Paragraph 1, Article 422, and Article 426.