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MANDATE OF THE MEDIATION COUNCIL


Extracted from the Law on Mediation ...

 

Article 5. Purpose and Basic Principles of Mediation Activity

5.1. The purpose of mediation activity is to find a solution consistent to the interests of the parties and to regulate a conflict of relations or a dispute between the parties in an amicable, immediate and cost-effective way.

5.2. Mediation shall be carried out on the basis of the following principles:

5.2.1. implement on the basis of voluntarism of Parties;

5.2.2. keep confidentiality of participants involved in the mediation;

5.2.3. the mediator will not be biased;

5.2.4. ensure equality of parties to participate in the mediation

Article 6. Authority Resolving dispute on Mediation Basis

6.1. The parties shall make a request a mediation pursuant to Articles 14-16 of the Code of Civil Procedure with trial court mediator according to the jurisdiction specified or shall make request to the mediator pursuant to the provision 8 of this Law.

6.2. A court is under obligation to provide information about the mediation to the disputed parties in pre-litigation phase and provide an opportunity for mediation for all stages of litigation.

6.3. The mediation will be considered primary means to dispute resolution outside of the court for family relations disputes other than specified in Code of Civil Procedure 132.4.

6.4. If parties have agreed to use the mediation to the dispute resolution, it will be deemed that non-court method to dispute resolution has established.

6.5. Pursuant to the provision 65.1.3 of the Code of Civil Procedure, the Court will deny to accept any claims filed in violation of the provisions 6.3 and 6.4 of this Law.

Article 7. Mediator with the Court

7.1. The first instance court will employ full time or adjunct mediator.

/This paragraph was amended by the law of January 17, 2013 /

7.2. General Council of Courts and office of a court of first instance shall be responsible for its budget, operation and human resource management pursuant to the provision 7.1 specified of this Law.

Article 8. Mediator for Governmental and Non-governmental Organizations

8.1. The governmental or non-governmental organizations and professional associations may employ the mediator to resolve legal disputes arise among their branches.

8.2. To comply with the provision 8.1, a professional mediator shall possess a higher education, trained in the mediator training course, certified and listed among the professional mediators’ list.

Article 9. Requirements of Mediator

9.1. Mediator specified in the provisions 7 and 8 of this law shall meet the following requirements:

9.1.1. be a legally eligible;

9.1.2. have a higher education;

9.1.3. completed the training and certified;

9.1.4. listed on the approved registered mediator’s list;

9.1.5. have no criminal record.

9.2. A mediator shall follow professional codes of conduct and other regulations accordance with the provision 10.1 of this Law.

Article 10. Mediators’ Council

10.1. The General Council of Courts shall establish an adjunct “Council” (hereinafter referred to as “Council”) to select, license mediators and organize continual education for mediators.

10.2. The Council shall consist of five individuals including judges, attorneys and analysts.

10.3. The General Council of Courts shall approve the design of forms for mediator’s petition, agreement and notice.