臺灣之家事調解程序

The Family Mediation Process in Taiwan

臺灣之家事調解程序規定於臺灣之家事事件法，臺灣對於調解非常重視，因為調解可以節省訴訟資源，有效解決當事人紛爭。本文主要在說明我國家事事件法有關家事調解之規定、調解面臨之實務問題，以及未來的修法對策，內容包含：1.介紹臺灣之家事調解程序之規定；2.強調家事調解優於裁判之理由；3.調解常見之問題與解決方法；4.會面交往之調解案例；5.調解前之親職教育使父母從怨恨情緒中抽離；6.調解離婚首重會面交往；7.結論與修法建議。

Taiwan’s family mediation process is regulated the Family Act, which governs the legal proceeding to handle family matters. Medication is taken seriously in Taiwan as it may save litigation costs and resolve disputes effectively. This paper mainly explicates the concerned stipulations and practice of family mediation under the Family Act so as to propose suggestions for further amendments. Discussions encompass the following issues. First, a discerning overview of relevant provisions of the said Act. Second, elaborations on why family mediation is a better choice than court judgment. Third, recurring problems and possible solutions in family mediation. Fourth, mediation cases involving child access. Fifth, parental education before commencement of the mediation process may detach the parties from resentments. Sixth, the paramount consideration of child access in divorce mediation. Finally, conclusions and suggestions for modifying law and practice.