Print Date:113/05/29 10:54

  Chapter 2 Composition of the Mediation Panel

Article 6
The competent authority shall establish a list of scholars and experts for mediation of major disputes and publicly announce the list.
The competent authority may include scholars and experts who meet at least one of the following qualifications and are familiar with telecommunication affairs in the list:
1.Served as a judge or public prosecutor;
2.Practiced as a lawyer or accountant, architects, technician mechanic or in any other commerce-related profession for a total period exceeding 5 years;
3.Teaching as an assistant professor or higher post in a domestic or foreign college certified or recognized by the Ministry of Education for more than 5 years; and
4.Specialist in a particular field or profession and has practiced for more than 5 years.
For the gender ratio for the scholars and experts in Paragraph 1, the number of members of each gender may not be less than one third.
The competent authority may update the list of scholars and experts occasionally depending on actual circumstances.
Article 7
The head of the competent authority shall, after the applicant has paid the mediation fee, appoint one commissioner from the competent authority’s commissioners as the mediator and establish the mediation panel(hereinafter referred as the Panel)to handle the mediation.
Depending on the complexity of the case, the competent authority may hire two other persons in the list of scholars and experts in the preceding article to assist with the mediation, and their powers are the same as those of the mediator.
The mediator shall not receive a salary, but the competent authority may, in accordance with relevant regulations, pay the mediator attendance, transportation and examination fees.
Article 8
The mediator shall excuse himself in any of the following situations and shall not participate in the mediation:
1.The mediator or the mediator's spouse is a party to the mediation or the agent of one of the parties.
2.The mediator or panel mediator's spouse is related, by blood or marriage or within the second degree of kinship, to a party tothe mediation or the director or supervisor of a party to the mediation.
3.The mediator or the mediator's spouse has a relationship of joint obligee, joint obligor, or debtor with a party to the mediation.
4.The mediator or the mediator's spouse is employed by a party to the mediation or at one of their affiliated enterprises, or has left such position for less than one full year.
5.Any other circumstance causing a mediator to doubt their capacity to carry out mediation in an independent and impartial manner.
If the mediator falls into the scope of one of the situations in the preceding paragraph where he/she shall excuse himself/herself, or there are facts that he/she may be biased in performing his/her duties, either parties may apply with the competent authority for his/her recusal.
If the mediator falls into the scope of one of the situations in Paragraph 1where he/she shall excuse himself/herself, and the parties did not applied for his/her recusal, the competent authority may order his/her recusal in accordance to its authority.
Article 9
Where the mediator falls into the scope of the preceding article where he/she shall be excused, the mediator shall no longer serve as the mediator of the mediation case, and the mediator shall be re-appointed or hired by the competent authority.
Data Source:NCC / Law Source Retrieving System Laws And Regulations