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Please make greater use of the mediation process.

  • Publication Date:
  • Last updated:2023-05-16
  • View count:91

Guidelines for Mediation:

1.Purpose:
In court proceedings, it is common for litigants to engage in heated arguments and lengthy legal battles, which can be emotionally and physically draining for both parties. To resolve disputes quickly and amicably without further damage, the establishment of a mediation process outside of litigation is necessary.

2.Benefits of Mediation:
Cost-saving: Mediation applications are free of charge, and if mediation fails, there are no losses incurred.
Time-saving: Litigation procedures can be time-consuming and cumbersome compared to the swift and efficient mediation process.

Peaceful resolution of conflicts: In litigation, both parties engage in aggressive defense and counterarguments, leading to inevitable intense disputes. Mediation, on the other hand, involves the intervention of a judge or mediator who respects the parties' opinions, provides sufficient time, and creates a harmonious atmosphere, increasing the chances of successful resolution without damaging relationships.

Freedom of expression: Statements or concessions made during mediation cannot be used as a basis for judgments in subsequent litigation if mediation fails. Therefore, you need not worry that what you say during the mediation process will be used against you in the litigation proceedings.
Greater chance of compensation: Mediation is based on the voluntary agreement of both parties, and debtors often fulfill their obligations voluntarily. Creditors do not need to pay the 0.8% enforcement fee for requesting compulsory execution. If the debtor refuses to comply, the mediation agreement holds the same legal force as a final judgment. Creditors can still apply for compulsory execution by submitting the mediation agreement and paying the enforcement fee in accordance with the law.

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