2022年9月11日 星期日

How does clauses of mediation settlement to be drawn up?

How does clauses of mediation settlement to be drawn up?

In Taiwan, most cases that would go to the borough mediation is traffic accidents, so there take traffic accidents for instance.

the agreement of mediation
civil case no:2022-01
petitioner: Mr Martin(passport no.)(address)
respondent: miss Rose(passport no.)(address)

Above parties, in the borough hall, they both agree be presided by only one mediator.


When: 11:39, 25/may/2022
Where: No. 41, Ln. 110, Quanzhou, Taixi Township, Yunlin County, Taiwan
Fact:
Martin drove vehicle(vehicle licence: MT-003; owner: Martin)
Rose drove vehicle(vehicle licence: RO-004; owner: Rose)
happen to the traffic accident.


Both parties agree:
1.For the Rose's injury and damage of Rose's vehicle,  Martin should pay Rose New Taiwan dollar(same below)10,100(include compulsory insurance) for compensation.
2.The payment should be completed before 25/July/2022.
3.Both parties gives up all rights to further claims, and doesn't pursuing criminal culpability.


25/June/2022.
petitioner:(signature)
respondent:(signature)
recorder:(signature)
mediator:(signature)


explain:
1.Arrangement of the document: participants-event-agreement-signature.
2.the title of petitioner or respondent are irrelevant with the accused or victim.There are not correspond. If the accused submit mediation, he would to be named petitioner.
3.In Taiwan, all vehicles need to be insured auto liability for injury, there the agreement must indicate include or exclude compulsory insurance.
4.If vehicles collision cause injury, there would be the crime of injury. Prior to the at-fault driver get into the process of prosecution and trial, that need the complaint of victim. If reach a settlement, at-fault driver would require that the victim give up the right of complaint.

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