Taichung tops Taiwan's 5 special municipalities for successful legal mediatation for 3 years

'Justice father, justice mother'

Words and photos by Yang Wen-lin
Translated by Angela Cheng

Taichung status as the top special municipality for successful legal-mediation cases means it has not only effectively
reduced the number of lawsuits but, more importantly, provided a free, time-saving and convenient alternative to the legal system.

Taichung's status as the top special municipality for successful legal-mediation cases means that it has not only effectively reduced the number of lawsuits but, more importantly, provided a free, time-saving and convenient alternative to the legal system.

Because many, if not most, people tend to shy away from the courtroom, which has negative associations for them, enthusiastic local "justice fathers" and "justice mothers" have become model out-of-court mediators, enabling residents to peacefully resolve disputes away from the courts.

The West district's mediation committee has enjoyed a success rate of almost 100 percent, thanks in part to committee member Lin Kun-xian who, because he is a professional lawyer, he is given the most difficult cases. "Mediation committees mediate from the heart," says Lin. The lawyer handles such cases himself but, as a member of the committee, he has also received wisdom from Tzu Chi Master Cheng Yen to help him to resolve many cases. The largest number of mediation cases--about 60-70 percent-- involve traffic accidents cases and most of these are not large cases, although they are important to those involved. Lin likes to suggest that each party try to view things from the other's point of view. After "putting oneself in another's shoes" it's easier to think differently and understand others.

Mediation starts with empathy
The most impressive mediation case for Lin involved a woman who was accidentally injured by the collapsed scaffolding of an ongoing project and, sadly, ended up in a long-term vegetative state. During the mediation process, Lin tried to guide the person in charge of the project in experiencing the difficulties and suffering that the victim and her family were facing. He recommended that they open their heart and accept that unfortunate things had occurred, and that they needed to face and deal with it as going to court was bound to be time-consuming and costly. There wasn't a desire for a "win" but, most importantly, reaching a mutually acceptable outcome. Mayor Jason Hu and the city government offered a lot of assistance during this mediation case, which eventually took only four months to resolve. The victim's family was determined to get about NT$20 million in compensation. Noting that such awards are even rare in judicial cases, Lin notes that it was the first Taichung case where such a high amount of compensation was given solely through mediation.

Legal Affairs Bureau Secretary Lin Yue-zao has actively promoted high-quality legal mediation since taking office. She remarks that today it is hard to imagine that early mediation sites were noisy venues, such as a farmers' market. Many tables would be put out in a hall and multiple cases would be simultaneously mediated, meaning that the goings-on at different tables could affect others. For example, a violent atmosphere and near-fights at one might cause almost-resolved case at an adjacent table to fail. At that time, there were also mediation cheats who would bilk unknowing and fearful people out of money. In order to avoid fraud and make people aware that mediation is free, the Legal Affairs Bureau not only actively began advocating mediation but also advised the police to help people in need.

To make mediation sessions less noisy than a farmers' market, Secretary Lin asked each district chief to include a mediation committee space when rebuilding district offices. This allowed a private space for mediation cases so that they wouldn't interfere with each other. Other related tasks were also computerized so that people could directly apply for online mediation. The Legal Affairs Bureau also arranges mediation committees from various districts to observe and connect with each other. In order to provide a coherence between all the mediation committees and improve success rates, seminars with courts and insurance companies are also regularly held.

Taiwan's top mediation approval rate
The mediation committee doesn't charge to mediate in civil and criminal cases and the average mediation time per case is two to four weeks. The decisions/settlements from a mediation have the same weight as civil judgment at court, allowing people to resort to free mediation in disputes while also avoiding a time-consuming legal suit process and reducing any drawn-out uncertainty or suffering. In 2013, Taichung city saw over 21,000 mediation cases and enjoyed a successful mediation rate of over 90 percent in the three years before Taichung city and country merged, which was the best rate in the country. Following the merger, the rate has remained at at least 85 percent and is now approaching 90 percent. To enhance the quality of mediation, the Legal Affairs Bureau has initiated the collection of various types of mediation cases in each district and published the first "mediation compilation" in country. Thus, mediation cases approved by the court in Taichung are as high as 99.8 percent, the highest in the nation.

Taichung's 29 districts all have mediation committees with a total of 339 committee members, including 108 women and 231 men. All are knowledgeable, upstanding members of society enthusiastically engaged in service. Mediation committee members are publicly selected via a fairly strict process by the district office. Following approval by the city government and being accepted as qualified by the district court and prosecutors office, they can become mediators.

Successful mediation is a happier result
As Secretary Lin says, "the happiest thing is helping others", as is proven by mediation committee members. Many of them greet each other with "Were you successful today?" and some members have remained patient and persistent despite handling the same cases seven or eight times. Lin says there was mediator who handled a case where the perpetrator of a car accident was from a poor household with only NT$5-6,000 for monthly living expenses. However, as the victim insisted on receiving at least NT$2,000 as apology compensation, the two sides remained deadlocked. In the end, the mediator themself paid the money to wrap up the case. Some mediation committee members have made mediation their top priority. In order to ensure that some careless perpetrator can enjoy a good night's sleep, there are mediators who even work at midnight and keep a desk in the police station to handle any case that may come through the door. Another good example of such commitment is Fengyuan district mediation committee chair Deng Ji-chun who is already 95 years old but still willing to serve as a "justice mother".

To thank these "justice fathers and mothers", the Legal Affairs Bureau has worked especially hard to increase incentive financial awards for mediation. As Secretary Lin notes that such awards from the bureau are often unfair for those in district offices with fewer cases, an incentive award encouragement provision--the first in the country--has been in place since 2013. With city councilors' support this year, the bureau has raised transportation compensation fees from NT$700 to NT$1,000 and the Taichung City Government also created a "compensation for Taichung City District Mediation Committee member casualties", providing compensation and certificates of recognition for committee members who are hospitalized with illnesses or injuries, or who unfortunately have passed away. This is a form of appreciation for their selfless contributions and participation in mediation work without remuneration--all so that others can resolve disputes in a most economical and time saving way that also reduces the waste of court-related resources.

Taichung online mediation application website: http://www.legal-mediate.taichung.gov.tw

Secretary Lin Yue-zao is happy
to show off the nation's first
mediation compilation.

Committee member Lin Kun-
xian was chairman of the bar
association and now serves on
the West district mediation
committee, whose success rate
has almost reached 100
percent.