| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 106 === Mediation as a means of alternative dispute resolution (ADR) has gained more popularity than ever in the international community in recent years. In practice, the number of national and international mediation centers and mediation rules has increased for private bodies to freely choose to initiate institution mediation. Parties involved in such mediation can choose their own mediators and the mediated settlement agreement would be binding upon the parties.
In theory, there are two styles of mediation, namely facilitative mediation and evaluative mediation, whereby mediators will apply different mediation techniques to assist the parties in creating valid, enforceable, and acceptable resolutions between disputants. However, given the flexible and voluntary nature of mediation procedures, without the existence of a valid and enforceable mediation agreement, the mediation proceeding cannot be initiated properly.
Different countries adopt different interpretation towards the validity and enforceability of mediation agreements. This paper examines cases from the common law countries including United States, United Kingdom, Australia and Singapore, which are the countries that have relatively developed mediation practices and are the frequent business partners with Taiwan, on the issue of enforceability of mediation agreements in commercial disputes, while comparing the same with domestic cases. This paper aims to propose on the restructuring of the legal context for mediation in Taiwan based on the above findings.
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