原住民於家事調解當中的處境——以南投地方法院為例

The Position of Indigenous People in Family Mediation Sessions:Taking the Nantou District Court as an Example

本文主張，在家事調解的過程中，國家制定法似乎於多元法規範交互運作當中，居於優勢主導位置，但原住民習慣法亦可透過當事人雙方於調解時達成合意的方式，被保留作為排解糾紛的依據。本文建議，教會與部落中的成員亦應被社工單位的訪視調查報告視為原住民當事人欲爭取親權行使時的家庭支援系統之一，原住民當事人若中文表達能力有限，應透過原住民通譯為其傳達聲請事項與想法。於調解的階段，為使實際照顧未成年子女的一方於扶養費裁定確定前可以收到未成年子女扶養費，應多加運用並聲請暫時處分。法律扶助基金會的律師酬金計付辦法亦應重新調整，以鼓勵律師們協助原住民當事人撤回家事事件的聲請。

This article argues that the state law appears to play a dominant role in the interactions of plural regulatory orders in the family mediation sessions. However, indigenous customary rules might be able to be preserved through reaching the agreements between the disputing parties. It is suggested that the members of the churches and the tribes should be taken into account as parts of the family support system of indigenous parents in the visitation reports of custody evaluation made by social workers. Court interpreters should be appointed to help indigenous parties express their claims and thoughts. Preliminary injunctions should be claimed so as to ensure that the child maintenance fee could also be received before the rulings of maintenance could be made. The payment rules of the Legal Aid Foundation should also be readjusted so that the lawyers could be encouraged to help indigenous clients withdraw family cases in family mediation sessions.