Best ADR Mediation & Arbitration Lawyers in Taiwan

About ADR Mediation & Arbitration Law in Taiwan, Taiwan

Alternative Dispute Resolution (ADR), which includes both mediation and arbitration, is progressively being recognized and utilized in Taiwan. ADR is a process offering an alternative method to formal litigation to resolve disputes. A key advantage of ADR methods, such as mediation and arbitration, is that they tend to be more expedient, confidential, and less adversarial than traditional court processes. Taiwan’s Arbitration Act and laws governing mediation facilitate these services, providing comprehensive regulations for effectively managing private disputes.

Why You May Need a Lawyer

Legal counseling is essential in navigating through ADR procedures in Taiwan. Lawyers play pivotal roles in managing the complex legal matters implicated in these procedures. They can guide individuals or entities through choosing the best method of dispute resolution, developing a strategy, negotiating the terms of settlement, and ensuring their client's rights are protected throughout the process. In instances where resolution is unsuccessful and litigation becomes unavoidable, a lawyer’s expertise becomes even more critical.

Local Laws Overview

The primary law governing mediation in Taiwan is the Mediation Act. While for arbitration, the relevant law is the Arbitration Act which is largely influenced by the UN Commission on International Trade Law (UNCITRAL) Model Law. These Acts outline the regulations for conducting both domestic and international mediations and arbitrations, ranging from the setup, appointment of mediators/arbitrators to the enforcement of agreements/results. Taipei is a member of the New York Convention, which allows for the international recognition and enforcement of arbitral awards.

Frequently Asked Questions

1. Can any kind of dispute be solved by ADR?

Most civil disputes can be resolved by ADR. However, matters that involve criminal liability or public policy may require judicial intervention.

2. Are the results of ADR binding?

Mediation is not binding unless parties agree to a settlement, which can be enforceable as a contract. On the other hand, Arbitration’s decision, also known as an award, is legally binding and enforceable.

3. Is ADR faster than going to court?

ADR is typically faster and more efficient than traditional litigation, as it allows for a more flexible process and reduces waiting time for court hearings.

4. Can ADR preserve relationships?

Since ADR is generally less adversarial, it can preserve relationships between parties compared to traditional dispute resolution methods.

5. Is ADR confidential?

Yes, ADR proceedings and agreements are typically kept confidential, providing an extra level of privacy for the parties involved.

6. What are some reasons to consider mediation over arbitration?

Mediation can preserve relationships and allow parties to control the process and solutions to a greater extent compared to arbitration. However, its results may not be binding unless agreed upon by both parties.

7. Can an arbitration award be appealed?

Typically, in the context of Taiwan law, arbitration awards can only be set aside under specific circumstances outlined in the Arbitration Act.

8. What is the role of lawyers in ADR?

Lawyers advise their clients on the ADR process, develop a strategy, assist in negotiation and protect their client's rights throughout the process.

9. Who pays for ADR process in Taiwan?

The cost of the ADR process is usually shared by the parties unless the parties agree or the arbitration tribunal decides otherwise.

10. How to select a mediator or arbitrator in Taiwan?

Mediators and arbitrators are usually appointed based on their expertise and the dispute’s subject matter. Parties may choose them by mutual agreement or assistance from an arbitration institution.

Additional Resources

Parties seeking to understand more about ADR Mediation & Arbitration can get information from the Ministry of Justice, Taiwan, local law libraries, online legal databases, and judicial interpretations from the Taiwan courts. The Chinese Arbitration Association, Taipei, also offers comprehensive assistance in ADR matters.

Next Steps

If you need legal assistance in ADR mediation and arbitration in Taiwan, it is recommended to contact a practicing Taiwanese attorney experienced in ADR. The attorney can guide you in choosing the appropriate dispute resolution method, inform you of your legal rights and obligations, and help you navigate through the ADR process.