Healing Society's Wounds

Lawsuits are anathema to the peace-loving and easily forgiving Chinese people. They prefer to reconcile their differences and discords in private. As one of the famous adages of Chu Po-lu, a famous philosopher of Ming dynasty, reads: "We must avoid lawsuits in our daily dealings, because they will inevitably lead to misfortune." In the society of democracy and the rule of law in the Republic of China, it is not necessary for people to resort to the courts to settle their differences. But even out-of-court settlements sometimes need a little help. This is where the district offices which can be found in every corner of Taiwan play an essential role.

Episode. It was a hot afternoon in October 1980 when a pregnant woman and a man, both in their 20s, walked into the Chienchen district office in Taipei. Wang Fu-ming, secretary-general of the mediation council, asked: "Is there anything I can do for you?"

There was no reply, but the couple made animated gestures and the words stuck in their throats. They were both deaf and dumb.

After learning that they wanted a divorce, Wang quickly placed a stack of note slips on table to allow both sides air their grievances in writing. The man accused his wife of always starting quarrels, while she accused him of always wasting his time and failing to find a job.

In the following three hours, Wang patiently offered his advice and instructions, and was finally able to persuade the couple to drop their ideas of divorce.

Mediation council. Mediation councils have been set up in 16 districts in Taipei city, and in all the counties, villages and townships of the province. A typical council in Taipei has nine members, including a chairman, and meets irregularly. In general, each district recommends 18 candidates for the Taipei City Government to choose from. With the approval of the council, the district chief will appoint qualified people for a term of two years, after which they may be re-appointed. Apart from allowances for meals and attendance, they receive no pay. They are assisted by a secretary-general who handles day-to-day affairs, accepts applications for hearings from the public, notifies council members to attend meetings, and takes notes on meeting procedures.

The mediation council first came into being in 1943 when the then Ministries of Interior Affairs and Justice promulgated a statute governing the organization of mediation councils in villages and towns. When the government of the Republic of China moved to Taiwan, the Ministry of Justice drafted a statute governing mediation which was completed in 1955. It was then endorsed by the Legislative Yuan and promulgated by the President.

In fact, the office of mediator can be traced back to the Chou dynasty (1122-249 B.C.), and existed long before the judicial system was introduced.

Mediation work in the districts of Taipei did not start until 1970. Cases are divided into civil and criminal categories. The former includes disputes over debts, rent payments, inheritance, commodity ownership and trade. All cases which do not involve any breach of law, or violate public order and social ethics, are accepted. A criminal case is accepted only if it is brought as a complaint, and if the maximum sentence is less than three years imprisonment. Such offenses include breaking up a family or marriage, undermining public morality, restricting personal freedom, slander, misappropriation of funds, larceny, fraud and others. In both types of case, details of the mediation must be submitted to the mediation council before the end of the hearing in court of first instance.

Procedures. Before grievances are aired before the council, an application form specifying the names of the persons involved, an outline of the disputed matters, and acceptable mediation conditions must be filled out. A secretary is available to take down dictation from those who cannot write.

On receipt of the application, the secretary will decide on the time for the case to be heard and inform council members and persons involved in the case to convene a meeting.

Regulations specify that civil cases must be dealt with within 10 days, and criminal cases within five days, to prevent disputes and misunderstandings from becoming worse. The mediation council will convene in the shortest time possible in emergency cases.

Council members. All the district council members in Taipei city are enthusiastic over public welfare. Whenever the circumstances demand it, they set aside their private affairs in order to serve the people.

The prime motivation in their endeavors, as one council member put it, is to help people reconcile their differences. To be a member of the mediation council is itself an honor.

During the mediation process, no one can force the opposite party to accept the conditions offered. Persons involved are free to decide whether they will accept the council's mediation. They may even refuse to attend mediation meetings.

Moreover, the parties concerned may recommend one to three persons whom they trust and who understand the case to be present at the meetings. If the parties concerned cannot attend the mediation council, they may entrust others to represent them.

All the mediation work is voluntary and free of charge. Once a compromise is reached, the mediation report is forwarded to the parties concerned within a week, after which it is submitted to the court for screening. Only with the court's endorsement can the report become a legal document. All parties concerned must faithfully carry out the terms of the agreement and cannot bring any further lawsuits on the matter.

If no compromise can be reached, the original applicant may re-apply for a second round of mediation, or the mediation council may on its own initiative notify the two sides to enter into further negotiations. Many times, agreement is only reached after repeated efforts.

The success of mediation work for the most part depends on the mediators' powers of persuasion. The mediation council in the Chienchen district of Taipei has achieved the highest success rate in the city. During the past three years, this council has accepted 61 cases, in only one of which has agreement not been reached. The Taipei City district court presented a citation to its six mediators for their 98.8 percent success rate.

Member of the council, Wang Fu-ming, attributes this success to the smooth working system. He said that in general, after accepting cases, the mediation council visits parties concerned in person to find out the truth and what are the main issues in any conflict. During the process of mediation, councilors try their best to give meetings a pleasant atmosphere, and use a casual approach to expose preconceived ideas and the causes of resentment. After agreement is reached, the councilors automatically conduct a follow-up investigation to make sure that both parties faithfully implement the terms of the agreement. The council takes a deep interest in all stages of the mediation. It is therefore not surprising that it has established such a good reputation.

Wang said that since the mediators in Chienchen district make personal visits to all persons concerned in disputes, invitations to take part in mediation are rarely turned down.

As the economy in the Republic of China gradually been upgraded from an agricultural to an industrial base, the quickening pace of life has tended to aggravate conflicts. This in turn has led to a rash of lawsuits.

At present, a judge in Taipei District Court must handle 20 to 30 cases a day. The 16 district mediation councils in Taipei, however, only heard 277 cases altogether last year. Even the record-setting Chienchen district handled only 10 cases.

Faults. This shows that there are many social, cultural and psychological factors in the mediation system that prevent its proper functioning. For one thing, lack of publicity has prevented people from gaining a deeper insight into the working of the council. Sometimes hearing of cases is delayed because budgets are only allocated twice a month. In addition, some secretary-generals have failed to carry out their duties fully because they are too busy with private affairs.

Since Taipei Mayor Lee Teng-hui took office, he has emphasized reinforcing mediation work to enlarge the scope of public service. Mayor Lee explained: "This grass-roots work will help Taipei citizens understand what the government is doing for them." He further remarked that the Chinese people place equal emphasis on human nature, reasonableness and law. The work of the mediation council is based on the first two considerations, and the agreements it makes possible must have legal standing. Mayor Lee said that the function of mediation councils is a unique feature in the nation's political history. He is convinced that once the mediation council fully develops its role, people will no longer need to go to the courts to settle their disputes. He said that a lawsuit not only wastes time and money, but also violates the principles of solidarity and harmony. Mayor Lee concluded that strengthening the effect of mediation work is a sort of psychological development which helps people to cultivate a sense of stability and belonging.

Improvement. In keeping with Mayor Lee's instructions, the Taipei City Government has worked out a plan to rectify all the flaws in the system. On-the-job training is provided for the secretaries of mediation councils to increase their knowledge of the law. Council members are required to have academic degrees and budgets have been substantially raised.

At present, the mediation work is progressing vigorously in every district of Taipei. It is believed that when plans are fully realized, the mediation councils in Taipei city will have a new image, and most people will be willing to solve their disputes through mediation. The councils will then be able to help make Taipei a more stable and harmonious capital city.