2022年10月1日 星期六

how does collect the agreement of mediation?

 petitioner and respondent in the mediation settle the agreement, if any side would not to obligate this, how does collect the agreement of mediation?

<The Township and County-Administered City Mediation Act>Article 27
The civil mediation approved by the court shall have the same effect as a binding judgment under the civil litigation. Regarding the criminal mediation approved by the court, for the monetary payment, other substitutes, or certain amount of securities as the object of the litigation, the mediation agreement may be the ground for execution.
<The Compulsory Enforcement Act>Article 4
The compulsory enforcement can be carried out on the grounds of the following enforcement titles:
6. Others that can serve as enforcement titles pursuant to other laws.

for collection, application to the civil enforcement departments which be established in the local courts.

the mediation reach an agreement, the borough clerk would make the agreement 6 copies, participants and mediator sign on it together.
then the borough clerk sent the agreements to the local court, until the local court approve that, the judge sign on the agreement, the agreements equal the judgement that could not appeal. then the borough clerk service the agreement back to to petitioner and respondent.
you can take the agreement of the mediation which approved by the court to the civil enforcement departments.

the presupposition of mandatory enforcing the agreement of the mediation is that any side does not to fulfil the agreement. maybe the deadline of fulfilling is up, but that person does not take action. or he take only some part action and not pay the remains.

the different between the civil mediation and criminal mediation is there,  the former equal the judgement of the court which can not litigation again ,the latter only could be mandatory enforced, if participants want argue the content of the agreement, he can file the another lawsuit.

application for collecting the mediation agreement must need documents:
1.the transcript of the mediation agreement approved by the court.
2.your identification card and seal.


fill the form of the civil mandatory enforcement, submit to the counter of  the civil enforcement department.
on the application form of the civil mandatory enforcement would have information of the creditor and the debtor, name, address, etc.
because you don't known where are property of the debtor, you must write down the text of request the court to investigate according to <The Compulsory Enforcement Act>Article 19(2 first half):
The enforcement court may investigate into the debtor's financial situation from tax or other related authorities, organizations, or persons knowledgeable of the debtor's assets.

pay the fee of enforcement cost, about 0.8 percent of the enforcement value.
the court view the documents is complete, they would attach the debtor' property, create a lien against his real estate, impound his car,  restrain his accounts, garnish his wage,and get those be sold to satisfy plaintiff.

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