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Labor cases have the needs of economically disadvantaged protection, rapid resolution, consensus resolution, and labor practice specialty. Based on this, labor cases should be distinguished from ordinary civil cases. In the labor dispute resolution, special attention should be paid to how to promote parties to resolve disputes independently and participation of non-legal experts. In response, Labor Incident Act, which came into effect on January 1, 2020, emphasizes the parties ’willingness to resolve disputes, the participation of representatives of both employers and employees, and lowers the threshold for the use of procedures and promotes the efficiency of procedures, and sets up labor mediation procedures. Although this procedure has the color of expert participation in judicial judgment in German Labor Court Act and the nature of expert participation in Japanese Labor Trial Act in facilitating mediation and presenting appropriate proposal (non-litigation rulings), it has multiple rules or ways to connect with labor litigations and resolve labor disputes. In addition, although the Labor Incident Act only requires extra-legal professionals in the Labor Mediation Committee, “with knowledge and experience in labor relations or labor affairs”. It does not require medical profession or other professions, and may not be able to properly handle cases related to occupational accidents. But if the Labor Incident Act is combined with the design of Technical Advisers of the 2018 Civil Procedure Law of Judicial Yuan, medical experts can be introduced into the labor mediation procedures to appropriately handle such labor mediation cases. However, when introducing experts into the judicial procedures, attention should be paid to how to maintain the neutrality and professionality of the experts. Such a design can not only prevent the unconstitutional doubts of the expert trial system, but if properly applied, it may also adequately make up for the shortcomings of the appraisal system, and at the same time address the lack of expert participation in judicial mediation in Taiwan. Finally, this article considers that the labor mediation procedure in the Labor Incident Act is highly interlinked with the litigation procedure. Under the provisions of Article 3 of Regulations on Aids for Legal Service and Living Expenses of Labor-Management Disputes, the number of cases entering the judiciary will been screened to a considerable extent, and the nature and function of judicial labor mediation procedures and administrative labor mediation procedures are different, moreover, in order to properly maintain the parties'' right to choose procedures, the Labor Incident Act should expand the application of mediation.
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