Family Act Article 28
This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
With regard to an initiation for mediation, where a judge, in the course of conducting the mediation proceedings and out of an assessment of the nature of the subject-matters of the case, comes to the belief that the continuation of the mediation will not yield tangible benefits, the judge shall question or direct the parties so as to acquire the agreement from the applicants, which shall be the basis for a ruling to direct the case to apply the adjudicative or other procedures; in circumstances under which the applicants are unwilling for the matter to apply other procedures, the judge shall deny the initiation by a ruling.A ruling made in accordance with the preceding paragraph is not reviewable.Where the court makes a ruling to direct the case to apply the adjudicative procedures based upon the agreement of the applicants in accordance with Paragraph 1 of this Article, the action shall be deemed to have been initiated upon the filing of the application for mediation.
中文原文 家事事件法第28條
聲請調解事件，法官認為依事件性質調解無實益時，應向聲請人發問或曉諭，依聲請人之意願，裁定改用應行之裁判程序或其他程序；其不願改用者，以裁定駁回之。
前項裁定，不得聲明不服。
法官依聲請人之意願，按第一項規定改用裁判程序者，視為自聲請調解時，已請求法院裁判。
前項裁定，不得聲明不服。
法官依聲請人之意願，按第一項規定改用裁判程序者，視為自聲請調解時，已請求法院裁判。