Family Act Article 36

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.

Where a mediation on matters subject to the parties’ disposition is not brought to a successful conclusion and there exists one of the following circumstances, the court shall make an appropriate ruling for the case, taking into consideration the opinions of the mediators, balancing the rights and interests of the parties, as well as considering the primary intentions of the parties and any other relevant circumstances:1. where the parties, by agreement, motion for a court ruling;2. where the parties, by agreement, motion for a joint ruling combining matters not subject to the parties’ disposition but are related to, in connection with, or ancillary to the original claims;3. where the parties are very close to agreeing on their settlement and differ only on matters related to, in connection with, or ancillary to the original claims, and where the court considers it necessary to consolidate the handling of the matters concerned and has sought the consent from both parties.Provisions in Paragraphs 2 and 3 of Article 33, Article 34 and Article 35 of this Act shall apply, mutatis mutandis, to the procedures governing the matters provided in the preceding paragraph.
中文原文 家事事件法第36條
就得處分之事項調解不成立,而有下列各款情形之一者,法院應參酌調解委員之意見,平衡當事人之權益,並審酌其主要意思及其他一切情形,就本案為適當之裁定:
一、當事人合意聲請法院為裁定。
二、當事人合意聲請法院與不得處分之牽連、合併或附帶請求事項合併為裁定。
三、當事人解決事件之意思已甚接近,而僅就其他牽連、合併或附帶之請求事項有爭執,法院認有統合處理之必要,徵詢兩造當事人同意。
前項程序準用第三十三條第二項、第三項、第三十四條及第三十五條之規定。

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