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Protection of Financial Consumers
Resolving disputes through civil mediation
What is “civil mediation”?
- It refers to a system where a judge or Mediation Committee established in a court hears the claims of the disputing parties, reviews various related materials, and mediates an agreement between the parties (see Article 1 of the Judicial Conciliation Of Civil Disputes Act).
Subjects of civil mediation
- Disputes related to civil matters can apply for mediation in court (Article 2 of the Judicial Conciliation of Civil Disputes Act).
Civil mediation procedure
- Applications for civil mediation can be made in writing or orally. When applying orally, it must be stated in front of court clerks, court officers, chief court clerks, or deputy chief court clerks (Article 5(1) and (2) of the Judicial Conciliation of Civil Disputes Act).
- The date for civil mediation must be notified to the parties either by delivering a summons or through other appropriate means (Article 15(1) and (2) of the Judicial Conciliation of Civil Disputes Act).
- Civil mediation is established by recording the agreed matters between the parties in a document (Article 28 of the Judicial Conciliation of Civil Disputes Act).
Effects of civil mediation
- Civil mediation has the same effect as reconciliation in a trial (Article 29 of the Judicial Conciliation of Civil Disputes Act).
- In the following cases, a suit is deemed to have been filed at the time mediation was applied for, and a new litigation procedure is initiated (Article 36(1) of the Judicial Conciliation of Civil Disputes Act):
· When there is a decision not to mediate according to Article 26 of the Judicial Conciliation of Civil Disputes Act;
· When a case is concluded without a mediated agreement according to Article 27 of the Judicial Conciliation of Civil Disputes Act; or
· When there is an objection within 2 weeks from the day the original copy of the document regarding a decision to replace mediation according to Article 30 or 32 of the Judicial Conciliation of Civil Disputes Act is delivered