The Research on Settlement---from the view of procedure-selected agreement
Date Issued
2009
Date
2009
Author(s)
Chou, Ting-Han
Abstract
The structure, binding force and necessary conditions of settlement is not fully discussed in Taiwan yet. This Thesis puts emphasize on the issues above and indicates that:(1)To consider the real function of settlement, the view of reinforcing other ADR systems(such as Mediation, Arbitration and Conciliation) and civil procedure is necessary and inevitable. (2)In the process of considering the theoretical or practical problems of settlement, the suit, non-suit and arbitrational elements should also be taken into account and , if we think so, the role court can play is inevitably vital and have to be reviewed(even emphasized) when solving correlative problems of settlement. (3)The binding force of settlement should justify itself in the mutual consent(or participation) of litigants(inclusive of interested party) and the due process which settlement came into existence. Moreover , the view of distinguishing the (subjective or objective) substance of the force according to parties’ true meaning, the process of litigation or negotiation and other vital procedural elements is also necessary. Finally ,the court have to give litigants the chance to choose how to solve their dispute(by Mediation, Arbitration, Settlement ,Conciliation or Judgment) , rather than just recommend them to conciliate.
Subjects
Settlement
the procedure-selected Agreement
the issue-simplified Agreement
the reinforcement and extension of ADR
the structure of bar(merger) and collateral estoppel of settlement
the confidentiality of Mediation
the suit,non-suit and arbitrational elements of settlement
Type
thesis
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