"Go to court, come out like cripples"

A friend of mine is thinking about undertaking some DIY (do it yourself) litigation here in Taiwan. I am doing my best to discourage him, but he is a martial artist and does not know the meaning of the word fear.

So I have been collecting up some of the wonderful WTO mandated english brochures on different aspects of Taiwanese DIY litigation. This one is my favorite, by far. It is an Official Judicial Yuan approved brochure, I happened to pick this one up in Panchiao District Court. And no, I was NOT involved in any aspect of the production of this Chinglish legal gem.

In a weird way, despite the bone head chinglish, this little brochure is quite honest. The second line is the key one, “…after years of litigation both parties are exhausted and come out like cripples.”

Gee Wally, that does not seem to reflect well on the state of legal reform in Taiwan. And that by the way is why this is in the Taiwan politics rather than Taiwan law section because the politics of Taiwanese legal reform is an interesting two headed creature. On the one hand they are actively trying to discourage litigation (this brochure being a good example) while on the other hand they are yammering on about how user friendly the new and improved court system is.

So which is it? Like so many of their other non-decision making decisions they can not decide if they want to as a matter of policy encourage or discourage people going to court.

Oh, on an evidence side note, the brochure is completely full of shit when it states in item 4 Speaking Freely, that what you say in mediation hearings can not be used in a later trial proceeding. That is absurd and the JY is really bullshitting people with that.

In any event here, for your amusement and edification.
Take care,
Brian the Brochure Collector
p.s. as someone who had to sit through an entire year of formal logic in my undergrad days I am quite impressed with the Taiwanese logic of item 2 “Litigation takes time whereas mediation is convenient”…uh, am I to understand that mediation does not take time? The mediation process in Taiwan is outside the time-space continium? The island really has a Zippy the Pinhead quality about it.

Bk, what are you talking about? Of course mediation is quicker in Taiwan! I bring my guys with baseball bats, you bring your guys with baseball, the whole thing can be settled in an evening…

Happy Holidays Michael,
Of course that is true, and such baseball bat “informal” mediations are common enough in San Chung ( I saw one from the safety of my balcony seat about a year ago), but still they do take some time albeit much less time.

And I would presume such informal mediations result in less “hurt of feelings” (as the brochure puts it) because you are feeling no pain at all because your head is splattered all over the pavement.

Don Brian
Godfather of San Chung Soul
(RIP James Brown)