Commercial litigation cases shall be subject to mediation by the court before an action can be initiated. However, such a rule does not apply where a counterclaim is initiated, or where the notification to the opposing party shall be served by constructive notice.
When the party initiates the case described in the preceding paragraph directly with the Commercial Court, or where a case is transferred to the Commercial Court by a ruling, it shall be deemed as a petition for mediation.

The following information shall be recorded in a petition for mediation:
1. The name, domicile or residence of the petitioner. The name, and principal office, office or place of business, if the petitioner is a juridical person, institution or an organization
2. The name, domicile or residence of the opposing party. The name, and principal office, office or place of business, if the opposing party is a juridical person, institution or an organization
3. If applicable, the name, domicile or residence of the legal representative, and the relationship between the legal representative and the party
4. Document of proof that conforms with the provisions of Article 6. If applicable, the name, office, domicile or residence of the agent ad litem
5. The purpose of the petition, the legal basis of the mediation subject and the occurrence giving rise to such a claim
6. Evidence for proof or for clarification
7. Projected potential points of dispute, and important facts and evidence pertaining to these points of dispute
8. Attached documents and the numbers thereof
9. Summary of the negotiations that the parties have conducted on disputes relevant to this case, or the mediation processes performed by other agencies where parties failed to establish a mediation
10. The name of the court
11. The date (Month/day/year)
The petition, as described in the preceding paragraph, is suggested to include the following information:
1. Gender, date of birth, occupation, identification card number, for-profit business ID number, telephone number, and other information to adequately identify the petitioner, opposing party, other stakeholders, legal representatives and agent ad litem
2. Matters on which the Commercial Court has jurisdiction
3. If applicable, the name, domicile or residence of the stakeholders
4. Whether there are other related cases pending in court
5. Proposed dispute resolutions
The proposal, as described in Subparagraph 5 of the preceding paragraph, may only be reported to the court and the commercial mediation committee.

After receiving the petition for mediation, the opposing party shall submit a statement of defense within ten days. If a mediation date is already assigned, the submission must be made no later than seven days before the assigned date.
The statement of defense, as mentioned in the preceding paragraph, shall include the following information:
1. Facts and reasons for the defense
2. Evidence for proof or clarification
3. A statement admitting or denying the legal basis and the occurrence giving rise to the claim asserted by the petitioner, as well as the reasons for the disputed issues
4. Document of proof that conforms with the provisions of Article 6. If applicable, the name, office, domicile or residence of the agent ad litem
The statement of defense as mentioned in Paragraph 1, is suggested to include the following information:
1. If applicable, the name, domicile or residence of the stakeholders
2. The proposed dispute resolutions
The proposal, as described in subparagraph 2 of the preceding paragraph, may only be reported to the court and the commercial mediation committee.

The Commercial Court may, based on the recommendation of government agencies, academic institutions, professional organizations, commercial organizations, industrial organizations, or other agencies, select persons with specialized expertise and experience in commercial matters as commercial mediation committee members.
Matters concerning the qualifications, hiring, assessment, training, dismissal, and remuneration of the commercial mediation committee members shall be prescribed by the Judicial Yuan.
The provisions concerning the recusal of judges in the Taiwan Code of Civil Procedure shall apply mutatis mutandis to commercial mediation committee members.

Commercial mediation procedures are conducted by judges of the Commercial Court. However, cases that are referred to mediation, pursuant to the provisions of Paragraph 1 of Article 420-1 of the Taiwan Code of Civil Procedure, may be conducted by the commissioned judge.
The judge may assess the expertise and experience of the commercial mediation committee members, the characteristics of the specific commercial cases, or other matters, and select one to three members of the commercial mediation committee to conduct the mediation in advance.
In the case of the preceding paragraph, where the parties have agreed on the designation of commercial mediation committee members, the court shall appoint such commercial mediation committee members as agreed-upon by the parties.
A commercial mediation committee member shall process commercial mediation cases on the basis of neutrality and impartiality.

The commercial mediation proceedings shall be held in private.

The parties, legal representatives and agents ad litem shall appear on the date of mediation. However, with the consent of the judge or the commercial mediation committee members, the parties and legal representatives can also assign in writing persons given authorization to make decisions on the mediation resolution to appear.

If the parties, legal representatives or agents ad litem, after being duly notified, are absent on the date of mediation without a justifiable cause, the court may rule to impose a fine of up to three hundred thousand New Taiwan Dollars.
The ruling, as described in the preceding paragraph, may be appealed; the execution of the ruling shall be stayed pending such interlocutory appeal.

The commercial mediation procedures of a case shall be concluded within sixty days after the selection of the commercial mediation committee members. However, such a restriction may be waived, with consent of the concerned parties.
After the judge takes into consideration the nature of the case, the status of the concerned parties or other circumstances, and determines that a mediation is not conducive to a prompt and proper resolution of the dispute, the mediation is deemed unsuccessful, and the concerned parties shall be notified.

During the commercial mediation procedures, the advice given by the commercial mediation committee members or the judge, as well as the unfavorable statements or concessions made by the parties, shall not be adopted as the grounds for judgment, when said case is moved to litigation after an unsuccessful mediation.
If the statements or concessions, as described in the preceding paragraph, are agreed to in writing regarding the claims, facts, evidence, or other matters subject to the parties' disposition, the parties shall be legally bound by such terms. However, this rule does not apply where they have agreed on an amendment to said agreement or where reasons exist not imputable to the parties, or other circumstances render such binding agreement manifestly unfair.

Any secret information concerning other parties' duties or businesses, or other information involving personal privacy, learned by the commercial mediation committee members due to their participation in the mediation proceedings, shall be kept confidential.

The provisions of Article 77-13 of the Taiwan Code of Civil Procedure apply mutatis mutandis to the collection of mediation filing fees on commercial litigation cases filing for mediation that concerns proprietary rights; if mediation filing fees exceed two hundred fifty thousand New Taiwan Dollars, the excess portion is exempt. For cases filing for mediation for the purpose other than proprietary rights, a filing fee of three thousand New Taiwan Dollars shall be collected.

If the mediation is successful, the petitioner may, within three months from the date the mediation is settled, file a petition for a refund of three-fourths of the mediation filing fee.
For cases that are transferred to mediation from a litigation proceeding, and that reach a settlement, the parties may, within three months from the date of the successful mediation, move for a refund of the balance of the filing fee paid, after deducting one-fourth of the court costs.