What is civil procedure mediation? What cases are barred from mediation or cannot be mediated?
The Court shall, during the preparation for the first-instance trial, hold a mediation for the parties to reach an agreement on the settlement of the case. However, some cases are not permitted to be mediated, cannot be mediated, or cases to be resolved according to summary procedures.
The cases which are not permitted to be mediated include:
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- Claims for damages caused to the State’s assets.
- Cases arising from civil transactions which violate prohibitions imposed by law or contravene social morality.
The cases which cannot be mediated include:
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- The defendant or person with related interests or obligations is intentionally absent despite having been properly summoned twice by the Court.
- The parties cannot take part in the mediation for a justifiable reason.
- The party is a spouse in a divorce case that has lost their capacity for civil actions.
- One of the parties requests to not mediate.