調解人申請登記審查辦法 Mediator Training and Registration Regulations
Eective as of October 29, 2008
Amended on May 2, 2013
Article 1
- The Mediation Center of the Chinese Arbitration
Association, Taipei (the "Center" ), whose goal
is to train competent mediators and establish
a panel of suitable mediators, passes these
Regulations in order to maintain the highest
standards of training and selecting mediators.
Article 2
- For the purpose of training competent mediators,
the Center offers training courses periodically
and awards certificates to those who complete
the courses.
Article 3
- The Center holds mediation conferences
periodically for the purpose of improving the
knowledge, quality and skills of mediation
possessed by the mediators.
A mediator shall attend lectures or conferences hosted either by the Center or by domestic or foreign institutes recognized by the Center. If a mediator fails to attend at least two of such lectures or conferences in three years, the Center may cancel his or her registration.
Article 4
- A person shall possess professional knowledge,
common sense, and meet one of the following
criteria, to qualify to register as a mediator:
- (1) received a degree from an accredited college or university, and enrolled in the Center´s mediation training course and received the certificate of completion;
- (2) enrolled in a domestic or foreign mediation training course certified by the Center and received a certificate of completion;
- (3) is registered as a mediator at a foreign or domestic mediation institute accredited by the Center;
- (4) was hired as a lecturer by a domestic or foreign mediation training center; or
- (5) was formerly a mediator registered at a domestic or foreign court of law or arbitration institution, and enrolled in the Center´s mediation training course and received the certificate of completion.
Article 5
- A person cannot register with the Center as a
mediator if he or she is or has been:
- (1) found guilty by a criminal tribunal;
- (2) sentenced to rehabilitation or corrective reform by a court of law;
- (3) declared bankrupt by a court of law and remains insolvent;
- (4) deprived of civic rights by a court of law and the rights have not been restored;
- (5) ordered the commencement of guardianship or assistantship and the order has not been cancelled;
- (6) disbarred by a bar association;
- (7) revoked of his or her medical license or doctor's certificate;
- (8) revoked or nullified of his or her accountant certification;
- (9) revoked or nullified of his or her architect license;
- (10) revoked, suspended, or nullified of his or her professional technician or engineer license;
- (11) revoked or nullified of other professional licenses;
- (12) revoked of mediator registration by the Center; or
- (13) unable to carry out the duties of a mediator because of disability.
Article 6
- A person who meets one of the criteria listed
in Article 4 without having been in any of the
situations listed in Article 5 may apply to be listed
on the panel of mediators, subject to approval by
the Center.
Article 7
- The Center may revoke a mediator's registration
if the person has:
- (1) rbeen in any of the situations listed in Article 5;
- (2) failed to comply with Articles 5 and 18 of the "Mediation Rules"; or
- (3) failed to comply with the Center's "Code of Ethics for Mediators"
Article 8
- The Center shall publish a directory of mediators
from which the disputing par ties can find
suitable mediators, and for the Center to use
as a reference. The directory shall contain the
following information:
- (1) name, gender, date of birth, nationality, and contact information;
- (2) education background and work experience;
- (3) occupation and job title;
- (4) his or her specialties; and
- (5) the date of registration.
Article 9
- The directory of mediators shall be organized in
accordance with the mediators' specialties, in
order to facilitate the mediator selection process
of the disputing parties.
Article 10
- The Center shal l establ ish the "Mediator
Qual i f icat ion Review Board," which shal l
oversee the process of background checks and
qualification reviews.
Anyone who wishes to be registered as a mediator shall submit documents to prove that he or she possesses at least one of the qualifications listed in Article 4. A person will be listed in the directory of mediators if his or her application passes the Mediator Qualification Review Board's initial review and receives approval from the Board of Directors.
The cancellation of a mediator's registration, likewise, requires oversight by the Review Board and by the Board of Directors.
Article 11
- These Regulations, as well as any amendments
thereto, shall enter into force on the date on which
the Board of Directors resolves to adopt them.