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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/04/30 10:48
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Chapter Law Content

Chapter 4 Mediation Committee and Mediators
Article 13
The Institution body shall have 3 to 7 mediators, one mediator shall be the chairperson and serve in a full-time capacity.
Article 14
The mediators shall be selected from among scholars, experts, and fair and impartial persons who possess professional knowledge and experience. And any of the following qualifications:
1. Teaching as an assistant professor or higher post in relevant departments such as legal, telecommunication and finance in a domestic or foreign college certified or recognized by the Ministry of Education for more than two years;
2. Acted as manager in telecommunication enterprises and other telecommunication-related organizations for a total period exceeding 5 years.
3. Served in consumer protection, judicial system, petition and appeal or telecommunication supervision at all levels of government for a total period exceeding 2 years.
4. Served as a judge or prosecutor or practiced as a lawyer or accountant for a total period exceeding 2 years;
5. Acted as an arbitrator for a domestic or foreign arbitration institution for a total period exceeding 2 years;
Article 15
A mediator shall serve a term of three years, and may be reappointed to additional the terms. The other mediators may serve part-time and unpaid.
When a mediator is vacant, a replacement mediator may be appointed; replacement mediator shall serve until the term of the original mediator expires.
Article 16
An individual who is under any of the following circumstances shall not act as a mediator. If he/she has been appointed as such, he/she shall be discharged:
1. Any circumstance set out in a subparagraph of Article 30 of the Company Act.
2. Those served as civil servant and subject to removal, dismissal, deprivation of pension or suspension
3. Those served as lawyers and subject to suspension or disbarred in accordance with the Attorney Regulation Act.
4. Those acted as accountants and subject to the suspension or voidance of his/her attestation in accordance with the Securities and Exchange Act.
5. Those served as accountants and subject to suspension or barred from practice in accordance with the Certified Public Accountant Act.
6. Where there are facts to prove that he/she engaged in or have been involved in dishonest or improper behavior..
Article 17
Under any of the following circumstances, a mediator shall voluntary recusal, and must not participate in such mediation:
1. A mediation case involves his/her own interests or those of his/her spouse, his/her relatives within the second degree of kinship or cohabitation.
2. Where a mediator himself/herself has served at the telecommunication enterprise and left that employment less than 3 years previously.
3. There are specific facts sufficient to identify the biased duty performance.
Upon application of the party for the recusal of a specific mediator or where there are disputes concerning whether the mediator shall be withdrawn, the mediation committee of the Institution shall decide whether the mediator is to be recused, and the Institution shall inform the mediator and the party within 3 days from the date of the resolution.
The decision on the recusal in the preceding paragraph shall be approved by the consent of at least one-half of mediators. However, the mediator involved shall not participate in the voting.
Article 18
The mediators shall keep the information and mediation process of telecommunications consumer dispute confidential, unless it is otherwise stipulated by laws and regulations or agreed upon by both parties to the dispute.
Article 19
The mediators shall consider the facts and evidence of the case, and conduct mediation independently in accordance with the principle of fairness, reasonableness.
Article 20
Mediators shall return the materials to the Institution after the completion of the mediation procedure.
Article 21
Mediators shall complete the mediation procedure within the timetable set by the Institution to avoid delaying the mediation procedure and protect the rights of the parties.
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