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Title: Sexual Harassment Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 5 Mediation Procedure
Article 18
Either party directly involved in an incident of sexual harassment may apply to the municipal and county (city) competent authorities for mediation in either a written statement or verbally. Upon awareness of either party’s willingness to reach the mediation during the investigation on the incident of sexual harassment, the government agencies (entities), troops, schools and police agencies shall assist the party in filing with the municipal and county (city) competent authorities for mediation.
Where the concerned party applies for mediation verbally, the municipal and county (city) competent authorities shall take record of statements. In the case of the application filed in writing, the copies shall be prepared according to the number of the opposing party to be served.
During the mediation, the investigation procedure shall continue, unless the victim requests for suspension.
Article 19
The municipal and county (city) competent authorities shall select 1 to 3 scholars/experts with legal literacy and awareness toward gender equality to serve as mediators of the incident of sexual harassment, within ten days upon acceptance of the application for mediation.
Within twenty days upon selection of the mediators referred to in the preceding Paragraph, the municipal and county (city) competent authorities shall decide the date of mediation, notify the concerned parties or their agents to be present at the site, and serve the duplicates of the written petitions or written statement to the opposing parties. Notwithstanding, an extension of 10 days may be granted upon either party’s request.
Article 20
The mediators shall proceed with the mediation in person and be prohibited from delegating others to act on their behalf.
Subject to the case, the mediators may conduct any necessary investigation and ask related agencies for assistance, in order to conclude the mediation.
For the mediation, except the verified fees for conducting the inspection the party shall pay, the parties may not be charged any other fees or remuneration under any other reasons.
Article 21
Where mediation is successfully sustained, the mediation agreement shall be made in writing, signed, sealed or fingerprinted by the concerned parties and present mediators.
The mediation agreement referred to in the preceding paragraph shall record the following information:
1. Names, dates of birth, addresses/registered addresses, and ID Nos. of the concerned parties or their legal representatives;
2. Names of the present mediators;
3. Causes of mediation;
4. Contents of the sustained mediation;
5. Date/month/year of the sustained mediation; and
6. The agency which makes the decision and its head
The municipal and county (city) competent authorities shall submit the mediation agreement and related data to the jurisdiction court for approval within 10 days after the mediation sustains. Upon approved by the court, except one duplicate thereof which shall be kept on file, the mediation agreement together with the mediation materials shall be remanded to the municipal and county (city) competent authorities and then served to the concerned party via the authorities.
Where the court withholds approval due to the contents of the mediation being violated laws or regulations, contravening public order or good morals, or being impossible to execute the compulsory enforcement for some other reason, the court shall inform the municipal and county (city) competent authorities with the reasons.
If a successful mediation is reached before the conclusion of the grievance case of sexual harassment is made and the intention of withdrawing the grievance, complaint, private prosecution or indictment of the party has been recorded in the mediation agreement, which is approved by the court, the grievance, complaint, criminal prosecution or private prosecution already filed shall be deemed as withdrawn, and the civil action already filed shall be considered concluded accordingly at the time when the successful mediation is reached. The plaintiff may claim refund of two-third of the court fees paid within 3 months from the day of the service of the mediation agreement approved by the court.
Upon the court’s approval of the sustained conciliation, if any, the concerned party is not allowed to file a grievance, criminal prosecution, private prosecution or civil action against the same incident any longer.
Article 22
Where the concerned party fails to appear on the date of mediation without justified reasons, the mediation shall be presumed to have not been reached. Should the mediators consider that there is still a possibility to reach a mediation, they may reschedule the date of mediation separately.
Where the mediation is not sustained, the municipal and county (city) competent authorities shall issue a certificate of the unsuccessful mediation immediately. Within 10 days upon service of the certificate of an unsuccessful mediation, the victim may apply to the municipal and county (city) competent authorities to transfer the mediation matter to the jurisdictional judicial agency. The effects are as follows respectively:
1. If a grievance is already filed, the grieving procedure shall apply; otherwise, the grievance shall be deemed filed at the time of initiating the mediation;
2. If the mediation matter is transferred to a civil court, the court fees for the first instance may be exempted temporarily; and
3. Where the mediation matter involves the requirements under Paragraph 1 of Article 25 herein, the grievance shall be deemed filed at the time of the application for mediation after the case is transferred to the jurisdiction prosecutor for investigation.
Article 23
The civil mediation approved by the court shall have the same effect as a binding judgment rendered by the civil court. Regarding the criminal mediation under Paragraph 1 of Article 25 herein, for the monetary payment, other substitutes, or certain amount of securities as the object of the litigation, the mediation agreement may be a ground for execution.
For a successful civil mediation approved by the court, but, which is later disapproved due to the grounds existing for nullifying or revoking the mediation, the concerned party may initiate an action for a nullification declaration to the mediation or for revoking the mediation in the approving court.
For the preceding Paragraph, the concerned party shall initiate it within thirty days after the service of the mediation agreement approved by the court.
The provision of Article 502 of the Code of Civil Procedure and the provision of Paragraph 2 of Article 18 of the Compulsory Enforcement Act shall apply mutatis mutandis to the case provided in Paragraph 2.
Article 24
The mediation proceeding may not be open to the public.
The mediators and the mediation case handlers shall keep in confidence all of the information with regard to the mediation matter, except that the information has already been disclosed to the public.