To guide the parties to actively adopt mediation and reconciliation to resolve disputes, the court judge will actively promote the mediation procedures and the settlement of disputes to determine the burden of litigation costs. The following instructions on the cost of litigation when applying for mediation procedures are provided to help the parties understand the relevant conten. Please read carefully.
16.1.1.If the parties apply for withdrawal of the action for their own settlement, the court shall waive the case acceptance fee.
16.1.2.The case acceptance fee shall be charged when the court has made a judicial confirmation of the reached delegation mediation before case filing.
16.1.3.Where the settlement of delegation mediation is reached before case filing, the concerned parties who have applied for withdrawal shall be exempted from the case acceptance fee. If the parties reach a mediation agreement and the case is settled by the court, the fees for accepting the case shall be charged at 25% of the prescribed standards.
16.1.4.After the settlement of the delegation mediation is reached after the hearing and the case acceptance fees will be 25% of the prescribed standard when the concerned parties apply for withdrawal. If the parties reach a mediation agreement and the case is settled by the court, the fees for accepting the case shall be charged at 50% of the prescribed standards.
16.2. If Litigation Fees on Settlement have failed to Be Reached
16.2.1. If the nature of the case is not suitable for mediation or if the dispute has been settled by the third neutral party, any party who do not participate in the mediation without justifiable reason or fails to perform the mediation agreement or intentionally delay the time of litigation, the court may, as appropriate, increase the cost of the proceedings by at least 30% for that party.
16.2.2.The court may, on a discretionary basis, reasonably share the costs between the parties. Consider the two following situations where the court appropriately increases the burden of the party that hinders the mediation: i. Where the defendant reconciled with the plaintiff with an amount less than requested by the plaintiff, and there is no rational reason for the plaintiff to refuse the settlement, the final decision of the court to support the plaintiff's amount shall be equal to or less than the amount proposed by the defendant; ii. Where the plaintiff reconciled with the defendant with an amount less than requested by the plaintiff, and there is no rational reason for the defendant to refuse the settlement, the final decision of the court to support the plaintiff's amount shall be equal to or higher than the amount proposed by the defendant.
16.2.3.If the settlement assessed by the neutral third party is refused by both parties, the judge shall decide the share of litigation costs in accordance to the law. If one party agrees to the settlement and there is no rational reason for the other side to refuse the settlement, and the court's final judgment is equal to or lower than the settlement plan, then the litigation fee shall be reasonably shared between the parties in accordance with the discretion of the judge.
16.2.4.The request for the distribution of litigation costs should be brought forward before the end of the court debate.
