Goto Main Content
:::

Chapter Law Content

Chapter 5 Assessment of Commercial Mediation Committee Member
Article 24
If the Commercial Court considers that a commercial mediation committee member has one of the following circumstances and should be evaluated, the Commercial Court may consult the President of the Commercial Court, judges and relevant personnel for opinions, and notify the commercial mediation committee member under evaluation to state their opinions. Verbal warning, request for improvement within a time limit, or suspension of duties for a certain period of time will be given depending on the severity of the circumstance:
1. Sufficient facts to admit that the handling of the commercial mediation case is obviously wrong and intentionally or negligently infringes upon the rights and interests of a person.
2. Violation of mediation proceedings or job regulations.
3. Delay of the proceeding without justifiable reasons, thus affecting the rights and interests of the parties.
4. Violation of the ethical standards of the commercial mediation committee member.
5. Other inappropriate conducts or affairs.
Article 25
If a commercial mediation committee member falls under any of the following circumstances, the Commercial Court shall hold an evaluation meeting to decide whether or not to dismiss him or her immediately:
1. The circumstances mentioned in the paragraphs of the preceding Article which are significant circumstances.
2. Reasons for dismissal specified in Article 8, Paragraph 2 of Article 9 or Paragraph 3 of Article 14.
Before the decision in the preceding paragraph, the commercial mediation committee members under evaluation shall have the opportunity to state their opinions on the spot.
Article 26
The Commercial Court shall hold an evaluation meeting before the expiry of the term of office of the commercial mediation committee member to decide whether or not to reappoint the committee member.
Article 27
The evaluation meeting for the preceding two Articles shall be conducted by the President of the Commercial Court or the judges or other personnel convened by the chief judge who is designated by the President of the Commercial Court. Scholars and experts in the relevant fields may be invited to participate the evaluation meeting, if necessary. When conducting the evaluation, the Commercial Court may take into account the following:
1. The circumstances mentioned in the paragraphs of Article 8 and the reasons for not re-appointing the committee member or the needs of dismissing the committee member.
2. The daily attendance during the commercial mediation period.
3. The aggressiveness of taking the commercial professional training, gender equality training, seminars, and symposiums.
4. The number of times, content and results of complaints or evaluations.
5. The attitude of performing duties.
Article 28
Commercial mediation committee members with excellent service performance should be commended.