A party that fails to attend the first mediation meeting without a valid excuse faces a sanction under Article 18/A of the Law on Mediation in Civil Disputes (No. 6325): even if it goes on to succeed in the case, wholly or in part, it can be held liable for all of the litigation costs, and no attorney’s fee is awarded in its favour. The rule applies in mandatory mediation — where mediation is a condition of bringing the action — and it is what actually brings parties to the table.
Their non-attendance also ends the process there. The final minute is drawn up, the way to court opens, and in mandatory mediation that minute satisfies the condition of action. So the other side failing to appear usually leaves you in a better position for the litigation that follows, not a worse one.
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