A party to a public nuisance dispute may apply for mediation by submitting an application form to the mediation committee in the special municipality, county (city) where the public nuisance dispute or damage occurred.
One-third of the mediation committee's members must be present for the committee to be in quorum. However, following the agreement of the two parties, a dispute may be mediated by one or several committee members.

The chairperson of the mediation committee shall act as chairperson when the committee convenes. When the chairperson is unable to attend a meeting for some reason, the attending committee members shall select one member to act as chairpoerson.

Should one of the following situations occur, the Arbitration Panel shall assign jurisdiction to a mediation committee upon the application by a party to a dispute or by the mediation committee in a special municipality, county (city):
I. the origin of a public nuisance dispute or damages covers several special municipalities, counties (cities);
II. two or more mediation committees disagree on the jurisdiction of a dispute
III. the mediation committee with jurisdiction cannot mediate the dispute on de jure or de facto grounds
IV. it is not clear which mediation committee shall have jurisdiction because of poor delineation of territorial jurisdiction
No objection may be made against the designation of jurisdiction referred to in the foregoing paragraph.

A committee member shall voluntarily recuse himself or herself when a dispute involves that member or members of his or her family.

If a mediation committee considers an application for mediation to be illegal, the application must be rejected clearly stating the reasons for rejection. However, in those circumstances in which corrections can be made, a committee shall order the applicant to make corrections within a designated period.
The same procedure shall apply when the situation described in the foregoing paragraph is discovered during the mediation process.
When a mediation committee considers a dispute to fall outside its jurisdiction, that dispute shall be transferred to the mediation committee holding jurisdiction.

Several parties sharing common interests in a public nuisance dispute may jointly apply for mediation. During the process of mediation, a third person claiming to share a common interest with an involved party may, upon the approval of the mediation committee, join the ongoing mediation process as a party.
The mediation committee shall consider the opinions of the original parties when granting the approval referred to in the foregoing paragraph.

Several persons sharing a common interest in a public nuisance dispute may elect, among themselves, one or several persons to apply for mediation or proceed with mediation on behalf of all.
The elected person or persons may be replaced, or their number increased or reduced.
The election referred to in Paragraph 1 above, and the replacement, increase and reduction referred to in the foregoing paragraph of this Article, shall be conducted in writing, and the person or persons concerned shall be notified.

Should the mediation committee consider it appropriate for several persons sharing a common interest in a public nuisance dispute to elect a party among themselves to proceed with the mediation, the mediation committee may recommend or assist parties in doing so.

The person or persons elected pursuant to the two foregoing articles may not withdraw an application for mediation, reach an agreement, or agree upon a mediation proposal without special written authorization by those who elected them.

The mediation procedure shall proceed in public. However, those circumstances in which the mediation committee deems that the mediation will be obstructed if conducted in public, and in which this determination receives the approval of the concerned parties, shall not be subject to this restriction.

A mediation committee may request assistance from relevant agencies to investigate evidence.
When the investigation referred to in the foregoing paragraph only can be carried out by a court of law, the mediation committee may request assistance from a court of law.
A court acting upon such a request shall have all the powers of a court of law concerning the investigation of evidence.

A mediation committee may commission the environmental protection competent authority, other relevant agencies, organizations and groups, or experts and scholars possessing professional knowledge, to perform necessary appraisals for the purposes of determining the reasons and responsibilities concerning a public nuisance dispute. All expenses for the appraisals shall first be borne by the government. If one of the parties later is found responsible for the damages arising from the public nuisance dispute, that party shall be responsible for bearing the expenses and also reimbursing the government.

The members of the mediation committee shall sincerely and amicably provide both parties with appropriate advice and assist the parties in reaching an agreement.
When an agreement is reached by the two parties, a mediation is achieved.

Should the parties have difficulty in reaching an agreement, the mediation committee shall, taking all factors into consideration and striving for a balance of the interests of both parties, propose a mediation proposal upon the approval of more than one-half of the whole body of committee members and designate a period of less than 45 days within which the mediation committee advises the two parties to accept the proposal. When necessary, the period may be extended with another 45 days.
Should the parties involved fail to express their disagreement with the proposal within the period designated in the foregoing paragraph, the mediation proposal shall be deemed accepted by both parties and the mediation concluded.
When one or several persons in a party of more than two persons with a common interest have expressed disagreement with the proposal within the period designated pursuant to Paragraph 1 of this Article, the mediation proposal shall not bind on these persons. The mediation proposal shall, however, be considered as accepted by the rest of the party. Should the persons who have expressed their disagreement with the mediation proposal within the designated period constitute more than one-half of the total number of individuals in their party, the mediation shall be regarded as unachieved.
When the mediation committee acts in an advisory capacity as referred to in Paragraph 1 of this Article, it may make the mediation proposal public if it finds the situation to be appropriate.

When a mediation is achieved, a mediation accord shall be prepared within 7 days of the achieved mediation and submitted for approval to a court holding jurisdiction.
If the mediation accord does not contravene applicable laws and regulations, the court shall approve the accord at its earliest convenience and return the accord to the mediation committee for delivery to the parties.
When the court cannot approve a mediation accord because the mediation procedure or the contents of the mediation accord contravene applicable laws and regulations, the court shall inform the mediation committee of the reasons for not approving the accord. When the situation can be corrected, the court shall first designate a period for doing so.

A mediation accord shall contain the following items and be signed by the parties and the committee members present. However, a mediation proposal deemed successful pursuant to Article 27 of this Act shall be signed by the members of the mediation committee in agreement with the proposal.
I. The name(s), permanent residence address(es) and temporary residence address(es) of the parties. If the parties are juristic persons or other organizations, the name(s) of the person(s) or organization(s) and their representative(s) and principal office address(es) or business address(es)
II. If the parties have representative(s) or agent(s), the name(s), permanent residence address(es) and temporary residence address(es) of the representatives or agents
III. the reason for the mediation.
IV. the contents of the achieved mediation.
V. the location where mediation was achieved.
VI. the date mediation was concluded.

A mediation accord approved by a court shall have the same effect as a final civil decision by a court of law. The parties may not bring a suit in a court of law over the same subject matter. The mediation accord may serve as a legal basis for compulsory enforcement.
Enterprises may conclude environmental protection agreements with local residents or local governments to prevent the occurrence of public nuisances.
In the event of breach, the agreement referred to in the foregoing paragraph, may, once notarized, serve as legal based for compulsory enforcement without entering into a mediation process.

When there is reason for finding a mediation approved by a court of law void or voidable, a party to the dispute may bring a lawsuit to declare the mediation void or cancelled in the court of law which first approved the mediation.
The lawsuit referred to in the foregoing paragraph shall be filed in the court within 30 days of the delivery of the mediation accord approved by the court.

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