Act governing of Group lnsurance of Students at Schools at Senior Secondary Level or Below and Young Children at Educare Service lnstitutions Article 21

Any dispute arising from the insurer’s handling of the group insurance shall be mediated in accordance with the dispute management provisions stipulated by the central competent authority.A dispute resolution body set up in accordance with the Financial Consumer Protection Act shall be commissioned by the central competent authority to handle the mediation referred to in the preceding paragraph, and the central competent authority will be liable for the expenses incurred.The mediation is established when both parties, the insurer and the Insured, agree. If a mediation is agreed on, a written mediation agreement shall be prepared.The mediation agreement shall be prepared in the name of the dispute resolution body and served on the parties involved. The provisions of the Code of Civil Procedure governing the serving of legal notices apply, mutatis mutandis, to the serving of the mediation agreement.In the peremptory period of 90 days from the date the mediation is established, the Insured and their legal representative may apply to the dispute resolution body for it to submit the mediation agreement to the court and request its approval. Within five days from the day on which such an application is received, the dispute resolution body shall submit the mediation agreement and related documents and evidence to the court with jurisdiction where the office of the dispute resolution body is located for approval. If, however, before the dispute resolution body submits the documents to the court requesting approval, the insurer completes fully taking remedial action in accordance with the content of the mediation agreement, then there is no requirement to submit the documents and request approval.Except in the circumstances referred to in Paragraph 7, the court shall give approval to the mediation agreement referred to in the preceding paragraph. After the court has given approval, it shall return the approved mediation agreement, together with the mediation case related documents and evidence, to the dispute resolution body and shall serve the original copies of the approved mediation agreement on the parties involved.If the court withholds approval because the content of the mediation agreement is in violation of any ordinances, public order, or customary social morality, or if its compulsory enforcement is not possible for some other reason, then the court shall inform the dispute resolution body and the parties involved of its reasons.A mediation agreement that has been approved by a court of law in accordance with the provisions of Paragraph 6 has the same effectiveness as a final and irrevocable civil case ruling, and the parties involved are not permitted to institute any further legal proceedings in connection with this case.After a mediation agreement has been given approval by a court, if there are legal grounds which make it void or voidable, a party involved may file suit in the district court with jurisdiction to request that the mediation be declared void or revoke the mediation.The situation described in the preceding paragraph is governed, mutatis mutandis, by the provisions of Articles 500 to 502, and Article 506 of the Taiwan Code of Civil Procedure, and of Article 18, Paragraph 2 of the Compulsory Enforcement Act.Regarding the mediation referred to in Paragraphs 1~3, the regulations governing the application for mediation, mediation procedure, qualifications of mediation personnel, recusal, time limit for mediation, preparation of mediation agreements, service fees, commissioning of the handling, and any other matter that has compliance requirements shall be prescribed by the central competent authority.
中文原文 高級中等以下學校學生及教保服務機構幼兒團體保險條例第21條
保險人辦理本保險所生之爭議,應依中央主管機關所定爭議處理規定調處之。
前項調處,由中央主管機關委託依金融消費者保護法設立之爭議處理機構辦理;其所生費用,由中央主管機關負擔。
調處經保險人與被保險人雙方同意而成立;調處成立者,應作成調處書。
調處書應以爭議處理機構名義作成,送達當事人;其送達,準用民事訴訟法有關送達之規定。
被保險人及其法定代理人,得於調處成立之日起九十日內之不變期間內,申請爭議處理機構將調處書送請法院核可。
爭議處理機構應於受理前述申請之日起五日內,將調處書及卷證送請爭議處理機構事務所所在地之管轄法院核可。
但爭議處理機構送請法院核可前,保險人已依調處成立之內容完全履行者,免送請核可。
除有第七項情形外,法院對於前項之調處書應予核可。
法院核可後,應將經核可之調處書併同調處事件卷證發還爭議處理機構,並將經核可之調處書以正本送達當事人。
法院因調處書內容牴觸法令、違背公共秩序或善良風俗或有其他不能強制執行之原因而未予核可者,法院應將其理由通知爭議處理機構及當事人。
調處書依第六項規定經法院核可者,與民事確定判決有同一之效力,當事人就該事件不得再行起訴。
調處書經法院核可後,依法有無效或得撤銷之原因者,當事人得向管轄地方法院提起宣告調處無效或撤銷調處之訴。
前項情形,準用民事訴訟法第五百條至第五百零二條及第五百零六條、強制執行法第十八條第二項規定。
第一項至第三項調處申請、調處程序、調處人員資格、迴避、調處期限、調處書之作成、服務費、委託辦理及其他應遵行事項之辦法,由中央主管機關定之。

English translation for reference only; the Chinese text prevails. Not legal advice.