Competent authorities of municipal governments and county (city) governments shall establish a medical dispute mediation committee (hereinafter referred to as the “Committee”) to mediate medical disputes.
The Committee shall consist of 9 to 45 neutral individuals with medical, law, or other professional knowledge and an honest reputation. Members without a medical background or members of either gender may not constitute less than one-third of the total number of the members.
Committee members shall serve 3-year terms, and they may serve consecutive terms. When there is a vacancy during one term, a new member may be hired, and the term of the new member is until the end of the original term.
The competent authorities of municipal governments or county (city) governments shall provide financial budget for the expenses to implement the Committee. The central competent authority may prioritize subsidies based on the financial rating of the municipal governments or county (city) governments.

When a party applies for mediation, they shall provide an application form to the Committee. For people with difficulty completing the application form, the Committee may assign a designated staff member to assist them.
The jurisdiction of the Committee consists of the following:
1. When the patient’s domicile or residence and the location of the medical institution are in the same municipality or county (city), the Committee of the municipality or county (city) shall conduct the mediation.
2. When the patient’s domicile or residence and the location of the medical institution are not in the same municipality or county (city), then the Committee of the municipality or county (city) where the medical institution is located shall conduct the mediation.
3. When all involved parties agree and the Committee of the municipality or county (city) receiving the application agrees, then the Committee of the municipality or county (city) may conduct the mediation without being limited by the preceding two subparagraphs.

Regarding mediation of the medical dispute, a mediation meeting shall be held within 45 days of the day on which the application documents are completed and accepted and shall be completed within 3 months. When necessary, the parties may apply for a one-time extension of 3 months. However, when all involved parties agree, an additional extension is permitted.
When mediation is not completed within the period listed in the preceding paragraph, then the mediation is deemed unsuccessful.
The Committee conducting the mediation of the medical dispute may be divided into groups. The qualifications of the committee members, the operation of the committee, the mediation process, the items that shall be listed on the medical dispute mediation application form, the format of the form, and other relevant matters are determined by the competent central authority.

Before the involved parties bring a civil action to resolve a medical dispute, they shall follow the Act and apply for mediation, and do not apply for the regulations under Article 99 Paragraph 1 Subparagraph 3 of the Medical Care Act and the Township and County-Administered City Mediation Act.
When the parties involved do not apply for mandatory mediation but directly proceed to litigation, the district court with jurisdiction shall transfer the case to the Committee with jurisdiction for mediation. During the period of mediation, the litigation process is to be stayed.
When a party apply for a mediation and the mediation is unsuccessful, an action have been initiated within 6 months from the day following the party receipt the unsuccessful mediation certificate is deemed as initiating an action when applying for a mediation.

Criminal cases involving medical disputes investigated by prosecutors or tried by courts shall be transferred to the Committee with jurisdiction for mediation first. During the process of mediation, investigation and trials are stayed.
When the prosecutor or court seeks to transfer a case referred to in the preceding paragraph, the defendant, the complainant, the patients and their family, the private prosecutor, and the prosecutor shall be informed. As necessary, the prosecutor or the court may transfer relevant documents to the Committee.
When a party apply for a mediation and the mediation is unsuccessful, a complaint in criminal case have been filed within 6 months from the day following the party receipt the unsuccessful mediation certificate is deemed as initiating an action when applying for a mediation.
Medical dispute criminal cases that have followed the Act and failed to achieve resolution through mediate or that meet the regulations of the Code of Criminal Procedure Article 161 Paragraph 2, Article 252 Subparagraphs 1 to 9, Articles 302 to 304, Article 326 Paragraph 1 and Paragraph 3, Article 329 Paragraph 2, Article 334 and Article 335 are not subject to the provisions of the first half of Paragraph 1 regarding first going through mediation.

When the Committee receives the mediation application or receives cases transferred by prosecutors or the court for mediation, within 7 working days from the day after receiving the case, they shall contact both parties to give notice of the fact that the mediation case has been accepted.
The Committee may ask the involved parties to provide a list of names and the contact information of people with the right to make a claim for injuries and ask them to participate in the mediation.
A third person having an interest in the subject matter of the mediation may be informed by the Committee of the mediation and allowed to participate in the mediation.
When there are several mediation cases based on the same type of accident or incident, the Committee may consolidate them into one case. The date of receiving the case is the date when the cases are consolidated.

Mediation proceedings are not open to the public. If the involved parties have agreed otherwise, they are not subject to this restriction.
No Committee members or staff members involved in the mediation shall use or disclose, without a justifiable reason, any secrets of others known or obtained through the performance of the duties.
Regarding medical disputes based on the same incident, when one party mediates with several other parties separately, the statements, concessions, and mediation results of one case may not be revealed or cited in mediating another case.
Without the consent of the other party and the committee members, a party may not voice record, video record, or use other methods to disseminates the mediation process.

When the party is notified by the Committee to be present for mediation, they shall attend in person or commission an agent to attend. Each party may recommend one to three persons to be present to participate in the mediation.
Medical institutions shall assign representatives with the power to make mediation decisions to attend the mediation meeting.
Without a justifiable reason, medical institutions may not forbid or prevent its staff members from participating in the mediation proceedings.
Medical institutions may not punish or retaliate against their staff members duo to they apply for or agree to mediation or due to the mediation is successful or unsuccessful.

When the involved parties do not attend in person or commission an agent to attend the mediation in person on the scheduled date without a justifiable reason, the mediation is considered unsuccessful.

For the purpose of mediation, the competent authority of the municipal government or county (city) government may order the medical institution to provide the necessary medical history, treatment records, or other relevant documents and data for a necessary period. The medical institution shall not obfuscate, obstruct, reject, misrepresent, misreport, or misstate such information.
When the Committee mediates, they may invite medical and law professionals, psychologists/psychiatrists, social workers, and other relevant professionals to be present to state their opinions. Or, regarding arguments for medical disputes, the Committee may apply to foundations for medical dispute analysis in accordance with Article 4 Paragraph 1.

The committee members shall conduct themselves in an objective, fair, peaceful, and sincere manner when explaining the mediation process and the associated legal consequences to the involved parties and shall also encourage the success of the mediation.
During the mediation process, if the involved parties, their agents, or other people disturb the tranquility or order of the mediation venue or its surroundings by violence, threat, intimidation, public insults, or other illegal methods, the mediation committee members may ask the police to remove or stop them.
When the mediation committee members or parties attempt to conduct the proceedings by violence, threats, or fraud , the involved parties may seek damages and file suit under the relevant laws.
If an agent of the involved parties or the coordinators exhibit behaviors listed in the second paragraph, the committee members may dismiss them from their role as agent and bar them from the proceedings entirely.

During the mediating process, persuasive statements made by the committee members and statements of regret, apology, or concessions made by a party may not be used as evidence or as the basis for litigation or as the basis for relevant administrative sanctions unless all involved parties of the medical dispute agree.

Any Committee member shall voluntarily disqualify himself/herself in the following circumstances:
1. When the committee member, the committee member’s spouse, former spouse(s), lineal relative by blood, relative by blood or relative by marriage within four degrees of kinship, or family member is the legal representative or agent of an involved party.
2. When they serve in the same organization or group as the involved parties or their legal representatives.
When a Committee member does not voluntarily disqualify himself/herself in the circumstances referred to in the preceding paragraph, the Committee shall move for the disqualification of the committee member and assign another member as a replacement. When the involved parties request recusal for the given reasons, the request shall be granted.
When an involved party believes a Committee member may not perform his/her duty impartially, with the consent of the other party, they may apply to the Committee to assign another Committee member as a replacement. If the other party disagrees, the mediation is deemed unsuccessful.

In the event of unsuccessful mediation, the Committee shall issue a statement of failed mediation, and the competent authority of the municipal government or county (city) government shall issue a statement of failed mediation to the involved parties within 7 working days following the day when the mediation is declared unsuccessful.
For events transferred for mediation by the prosecutors or by the court, when the mediation is unsuccessful, the competent authority of the municipal government or county (city) government shall report to the prosecutor or the court and return the documents sent by the prosecutor or the court. For cases transferred by the court, the litigation process shall be proceed.

When the mediation is successful, on the day of resolution, the Committee shall execute the mediation agreement, which shall be sealed or signed by the involved parties, agents, and committee members attending the mediation.
The mediation agreement shall specify the following items:
1. The name, sex/gender, date of birth, national ID number, and domicile or residence of the parties. When the involved party is a medical institution, its name, representative, and location shall be specified. When the involved party is not the patient himself/herself, the relationship between the involved party and the patient shall be indicated.
2. When the party has a legal representative or agent, the legal representative’s or agent’s name, national ID number, and domicile or residence shall be specified.
3. When a third party is involved, his/her name, national ID number, and domicile or residence shall be specified.
4. The names of the committee members who attended the mediation.
5. The facts, issues, and arguments of the mediation.
6. The content of the mediation agreement.
7. The venue of the mediation.
8. The date (year/month/date) of the accomplishment of the meditation.

The competent authority of the municipal government or county (city) government shall submit the mediation agreement and related documents to the jurisdiction court within 7 working days from the day the mediation is completed.
The court shall review the mediation agreement referred to in the preceding paragraph immediately. Upon approval of the mediation agreement, the court shall keep one copy of the mediation agreement in the case file and return the documents with the mediation evidence to the competent authority of the municipal government or county (city) government. The competent authority of the municipal government or county (city) government shall send the approved mediation agreement to the involved parties within 3 working days starting the day after they receive the documents.
For cases transferred by the prosecutor or the court, the competent authority of the municipal government or county (city) government shall report to the prosecutor or the court after the mediation agreement is approved by the court and return relevant documents to them.
If a mediation agreement contradicts the law, is against public policy or moral standards, or cannot start the proceeding of compulsory execution and is thus not approved by the court, the mediation is deemed unsuccessful. The court shall notify the competent authority of the municipal government or county (city) government that the mediation has deemed unsuccessful and why it has not been approved.
The delivery of the mediation documents is to follow the regulations of delivery in the Taiwan Code of Civil Procedure.

A mediation is successful and the mediation agreement is approved by the court, the involved parties may not file a lawsuit on civil action or bring an ancillary civil action under the criminal procedure based on the same event, the action pending in court is concluded accordingly.
After the mediation agreement is approved by the court, the involved parties may not file a complaint or undertake private prosecution of the medical dispute criminal case.
For criminal cases concerning medical disputes instituted only upon complaint, if mediation success is achieved during the investigation or before the conclusion of oral argument in the court of first instance and the mediation agreement documents with an intent to withdraw the complaint if mediation succeeds, and this provision was accepted by the court, then the complaint or private prosecution shall be deemed to be withdrawn at the time the mediation is successfully resolved.
The civil mediation approved by the court shall have the same effect as a binding judgment under the civil litigation. Regarding the criminal mediation approved by the court, for the monetary payment, other substitutes, or certain amount of securities as the object of the litigation, the mediation agreement may be the ground for execution.

After a mediation agreement is approved by the court but grounds exist for nullifying or revoking the mediation, a party may initiate an action for nullification or revocation of the mediation agreement in the original court within 30 days of learning of the grounds. However, no party may institute an action after 5 years from the date on which the agreement was approved.
Once a mediation agreement is approved by the court, if the involved parties apply for mediation of the same medical dispute case with the Committee again, the Committee shall not accept the case.
The mediation transferred by the court is successful and approved by the court, but where the agreement is subsequently disapproved by the court because grounds exist for nullifying or revoking the mediation, the involved party may apply to the court to resume the litigation proceeding.
Article 502 of the Taiwan Code of Civil Procedure and Article 18 Paragraph 2 of the Compulsory Enforcement Act are applicable in situations described in Paragraph 1.

The medical dispute mediation process conducted according to this chapter is free of charge.

For medical dispute civil cases pending in court and transferred for mediation under the Act, which the resultant mediation agreement has been approved by the court before the judgment becomes final and binding, the plaintiff may move for the return of two-thirds of the court costs paid within 3 months from the day of service of the mediation agreement approved by the court.

Competent authorities of municipal governments or county (city) governments shall report mediation cases conducted by the Committee to the competent central authority. The notification procedure, content, duration, method, and other relevant matters are to be determined by the competent central authority.
The central competent authority may establish a database for the notification content referred to in the preceding paragraph and may conduct statistical analysis and release the results.
The data in the database may not be used as evidence or as the basis for a ruling in associated litigation or in relevant administrative sanctions without the agreement of all involved parties.