Best ADR Mediation & Arbitration Lawyers in Taiwan

About ADR Mediation & Arbitration Law in Taiwan

The Alternative Dispute Resolution (ADR) approach includes Mediation and Arbitration and is widely recognized and favored in Taiwan. ADR Mediation occurs when a neutral third party, the mediator, intervenes between two disputing parties to facilitate a settlement. Arbitration, on the other hand, is a process where one or more individuals make a judgement on a dispute between two or more parties.

Taiwan has a sophisticated legal framework for ADR and has created the Mediation Act and the Arbitration Act, to govern these procedures, and the laws are unified under the Taiwan Code of Civil Procedure.

Why You May Need a Lawyer

ADR processes in Taiwan can be complex. These processes involve not only the understanding of legal rights and liabilities but also strategic negotiation and communication skills. Lawyers play vital roles in ensuring the interests of the clients are properly protected. They also help in preparing necessary legal documents, identifying potential risks and providing legal advice.

Local Laws Overview

The legal basis for ADR Mediation & Arbitration in Taiwan is established in the Arbitration Act and the Mediation Act. The Arbitration Act adopts the UNCITRAL (United Nations Commission on International Trade Law) Model Law, meaning it has some similarities with other jurisdictions that also implement this model. The Mediation Act prescribes that parties in dispute can request for mediation.

Furthermore, the Ministry of Justice of Taiwan has passed an amended version of the Conciliation Act in 2021 which places emphasis on Mediation, indicating the government’s measure to promote ADR.

Frequently Asked Questions

What is the difference between mediation and arbitration?

In mediation, a neutral third party helps the disputing parties reach their own conclusion, while in arbitration, a neutral party gives a decision that is usually binding.

Can the arbitration award be appealed?

As per Taiwan's Arbitration Act, the arbitration award is final and binding on both parties and there is generally no right to appeal against it in court.

Are mediation proceedings confidential in Taiwan?

Yes, all mediation proceedings are confidential in Taiwan and any evidence produced cannot be used in any subsequent proceeding related to the same dispute.

Can the mediation agreement be enforced?

Once the mediation results in an agreement, it becomes enforceable by the law and can be executed on the same basis as a judgment of a court.

Does Taiwan have an arbitration institution?

Yes, the Chinese Arbitration Association, Taipei (CAA) and the Taiwan International Arbitration Association (TIAA) are two prominent arbitration institutions.

Are foreign arbitrators allowed in Taiwan?

Yes, foreign arbitrators are allowed in Taiwan. Parties are free to choose their own arbitrators, be it local or foreign.

Is Taiwan a member of the New York Convention?

Taiwan is not a member of the New York Convention, but the Taiwan Arbitration Act has incorporated the principles of the Convention.

Can an arbitration award from another country be enforced in Taiwan?

Yes, an arbitration award from another country can usually be enforced in Taiwan under foreign-related civil lawsuit principles.

What type of disputes are suitable for mediation?

Nearly all civil matters can be mediated, including disputes related to contracts, properties and even family matters.

Is participation in mediation mandatory?

Participation in mediation is voluntary and either party to the dispute can withdraw from the process at any time.

Additional Resources

If you need legal advice in the field of ADR Mediation and Arbitration, consider consulting the Ministry of Justice for guidance. Additionally, the Chinese Arbitration Association, Taipei (CAA) and the Taiwan International Arbitration Association (TIAA) can provide valuable insights and support, including a list of arbitrators and mediators.

Next Steps

If you need legal assistance in ADR Mediation and Arbitration, your first step should be to consult with a legal professional. Lawyers who specialize in ADR can offer you a comprehensive understanding of your situation, guidance on how to proceed, and expert representation during the process.