On The Family Mediation System In Taiwan And Its Enlightenment

Family dispute has many different characteristics from ordinary civil dispute,mixed with identity attribute which is the most prominent.Family mediation has incomparable effect than referee,but by now there is no special family mediation system in our country.In recent years,intensive conflict happens frequently between the judges and the parties because of family dispute,in these cases many dispute experienced mediation,it has to set us thinking.In 2012,Taiwan area passed the Act of the Family Event,introduced a series of matching rules,and encated a perfect family mediation system.The basic principles of family mediation system in Taiwan includes: Prepositive mediation;Principle of minors' best interests.The family mediation in Taiwan is divided into five kinds,except the fourth event,the parties must through the court mediation before the referee.In order to better meet the high demand of family mediation mediator,Taiwan enacted many methods.It is noteworthy that the assistant system of family mediation in Taiwan is perfect.Compared with Taiwan area,current family mediation system in the mainland is not perfect which mainly reflects in the following aspects: the low value cognition to the court mediation system of family dispute,mediation and referee are not isolated,the scope of mediation is narrow and not clear,lack of professional mediation personnel,etc.In view of the multiple factors such as cultural homology,transplantation the family mediation system of Taiwan has great feasibility.To this end,we should deepen the cognition of the family mediation,expand the scope of family mediation,form a professional mediation team,formulate special conciliation procedures.