minor fight each other, the injured file the crime complaint to prosecutor, the prosecutor referral to mediation of the borough hall.

 the brief of the fact:
minor fight each other, the injured file the crime complaint to prosecutor, the prosecutor referral to mediation of the borough hall.
perpetrators are three, the victim only one guy.
both are minor, but the parents of both sides didn't be present in the date of mediation.
both sided represented by agents, who was present actually.

the clause of settlement:
1. the each one perpetrators pay the victim fifty thousands (new Taiwan dollar, as same as below), no joint responsibility, the sum is 150 thousands.
2. by instalments, since this February, each 10th of month, pay five thousands, until payment completed. if which instalment not paid off on time, all of the later instalments to be deem as fall due.
3. both parts give up the civil right of the lawsuit and give up the right for the crime complaint.
4. the one, who has filed the crime complaint, agree to withdraw the complaint.

the reason of the judge' disapproval:
the injured is minor.
the legal representative of the injured was not empower the person ,who in present in the mediation.
that person proclaim himself is the legal representative of the minor injured.

I say that:
the format of the certification of the appointment is made by me, the clerk of the borough.
who could not be present, whom I take the certification to , whom signed by.
the victim of the case have only single parent, according to the papers of the household registration, the victim put forward.
But the papers, recorded by the prosecutor show the person present in mediation, the grandfather of the victim, is the legal representative of the victim.
in Taiwan, the citizen beyond eighteen years old considered to be grown-up, beyond eighteen, the citizen could make certain conduct by self, that conduct generate the legal relationship between others.
thence, when I learn the fact of the victim eighteen not yet, I require the grandfather of the victim for the papers of household registration.
because injured, the victim in home can not walk out, his grandfather said.
in the date of the mediation, time is finite, I can not let mediator to wait for nothing, I must make the decision immediately under that situation.
when the both of party reach the settlement, I have no time to deliberate anymore.
I written down the settlements and submit it to the court, judge disagree and dismiss it, then return to my office.
I review the relevant papers again.
considering the victim will grown-up next month, beyond eighteen, I prepare to arrange the new season of the mediation after the victim grown-up.
wish to the grown-up victim would agree the settlement, that his grandfather had agreed ever.

the water of the 4th floor leaks to the 3rd floor. the resident of the 3rd floor apply the mediation.

the summary of the case:
the water of the 4th floor leaks to the 3rd floor. the resident of the 3rd floor apply the mediation.
the clause of the settlement:
1. the resident of the 4th floor promise to fix the problem of the water leakage, until not leaks to the 3rd floor, and promise fix up in a month since today.
2. the fee of the fixing would be paid by the resident of the 4th floor.
3. the both party give up the civil right of the claim in these case, and give up the right of the crime complaint.

the grounds of the judge disapproving:
the relationship of the petitioner and the 3rd floor of the building is not clear, can't review the petitioner goes to the mediation by what reason.

in Taiwan, there is rainy and warm, the water leakage between the up and down floors of the building is frequency.
If the case goes to the court, the judge will pass it to the civil engineers association for identification.
the identification of the water leakage including this stages:
1. the simple checking, the fee is 5000 new Taiwan dollar, the engineer take a look on site only.
2. the formal identification, the fee is 50,000. this is the process of the  inspecting the origin of water leakage and how to fix.
3. fixing the water leakage, the fee depending on the case, this is the major part of the law enforcement if the defendant don't fix up.

in Taiwan, the mediation of the borough hall is free of charge, but the borough hall would not pass the case to the engineers association for identification.
the settlement between the parties is done by themself, not by mediator.
if the up floor admit that the responsibility of the leakage is on him, and promise fix it, the settlement is established.
then I written down the clause according to the statement of both parties.
in order to avoid the ownership of the involved floors in disputation, I usually write down the floors managed by someone instead ownership.
I don't understand the meaning of the judge's disapproving.
the someone without relationship with some floor, can't he make the mediation or reach the settlement?
before sign a contract, there is no relationship between some people, is of course.
why require the relationship between the petitioner and some floor to make the precondition into the case?

distribute heritage by several times.

distribute heritage by several times.

I used thinking that the process of inheritance is adding up the total heritage of the decedent, then distribute to the heirs fairly.
therefore, searching the heritage of the decedent is the primary task before distribute, and must find out entire heritage.
until I read some judgements.
until I receive a inheritance case, the mediation date is arranged  three times for the case.
the first time, the subject matter of inheritance is the land and house.
the second time, the subject matter is the money of the account of the decedent.
the third time, the some heirs find out another account of the decedent, they require distribute this again.
the brief of the case is, the five brothers and sisters, their mother died, she is the decedent. fathers passed away before that. their fathers are different.
the oldest brother live with their mother long time ago, till this moment.
when their mother died, the land and the house of their mother shifted to the oldest brother.
until other sibling receive the notice of heritage tax, then they know the shift of the real estate.
other sibling think they pay mother living expenses regular, although they was not live with their mother, but their liability is accomplish.
they think the oldest brother obtained the whole of the real estate is the improper matter.
the first mediation, their settlement is the oldest brother give other sibling certain number of money, the real estate attribute to the oldest brother.
the land and house, the oldest brother was living in it.
the dozen weeks later, other sibling receive the notice of heritage tax again, the heritage tax of the accounts of the banks.
thence they require arrange mediation again, distribute the accounts again.
the first mediation had submitted to the court of the local, and the court approved it, sent back to my office, I served on the participants.
I believe the cases has finished already.
can I arrange mediation again I suspect, but I arranged again and written down the clause, and submit to the court of local again.
make clear here, I already know the heritage that of apart has been found could be distributed first, afterward if find other heritage, take the others as subject matter to be distributed again.
but the clause of mediation settlement include the "give up remaining right of claim", like other private civil settlements, can they require to distribute again?
answer is yes. the second mediation submitted to the court, and the court also approved it.
hence the third mediation, they found other heritage again, I pay attention to which bank of the accounts and text detail, written down the clause, submitted to the court, as expected , the court approve it again.