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With a view to ensuring that the people's court mediate civil cases correctly and timely settle disputes, offering guarantee and convenience to the parties concerned for them to legally exercise their litigation rights, and saving the judicial resources, the present Provisions are enacted according to the prescriptions of the Civil Procedure Law of the People's Republic of China and in combination with the experiences and the actual conditions of the mediation work of the people's court. Article 1. The people's court may mediate the accepted civil cases of first instance, second instance and retrial, after the term for answer expires but before the judgment is made. The people's court may conduct the mediation prior to the expiration of pleading if it has obtained the consent of the parties concerned. Article 2. The people's court shall mediate those civil cases which may be settled through mediation. The people's court shall not mediate the cases that are governed by special procedures, the proceedures for supervising and urging the clearance of debts, the procedures of public summons for exhortation and the procedures of bankruptcy liquidation, the confirming cases of marriage and identity relationship as well as other civil cases which can't be mediated, considering the nature of the cases. Article 3. The people's court may, in accordance with Article 87 of the Civil Procedure Law, invite the enterprises and public institutions or social organizations or other organizations, which have special relationship with the parties concerned or have a kind of connection with the cases, and individuals, who possess the professional knowledge, specific social experiences and have a special relationship with the parties concerned and will help to bring about the mediation, to assist in the mediation work. The people's court may entrust the entities or individuals prescribed in the preceding paragraph to mediate the cases after obtaining the agreement of the parties concerned, and if the mediation agreement is reached, the people's court shall confirm it according to the law. Article 4. Where the parties concerned reach a mediation agreement by themselves during the process of litigation, the people's court may, according to the application of the parties concerned, confirm the mediation agreement in accordance with the law and work out a mediation document. The period during which the parties concerned apply for out-of-court settlement shall not be included in the time limit for concluding a trial. Where the parties concerned apply to the people's court for coordinating the reconciliation activities in the course of the reconciliation, the people's court may appoint the auxiliary staff of trial or invite and entrust the related entities and individuals to engage in the coordination activities. Article 5. The people's court shall, prior to mediation, inform the parties concerned of the presiding mediators, the name of the court clerk, the right to apply for challenge and other related litigation rights and obligations. Article 6. Where the people's court mediates a case prior to the expiration of the term for answer, and a mediation agreement for the case governed by the ordinary procedures fails to be reached within fifteen days, or the mediation agreement for a case governed by the summary procedures fails to be reached within seven days, as computed from the day when the parties concerned consent to mediation, the mediation may continue after obtaining the consent of the parties concerned. The extended mediation period shall not be included in the time limit for concluding a trial. Article 7. Where the parties concerned apply for the non-public mediation, the people's court shall grant its approval. All the parties concerned shall be on the scene in the course of the mediation, and the mediation can be separately carried out where it so requires. Article 8. The parties concerned may put forward a mediation proposal by themselves, and the staff presiding over the mediation may also offer a mediation proposal for reference by the parties in the process of negotiation. Article 9. Where the contents of the mediation agreement are beyond the litigation claims, the people's court may grant its approval. Article 10. Where the mediation agreement stipulates that any party who doesn't fulfill the agreement shall assume the civil liabilities, the people's court shall grant its approval. Where the mediation agreement stipulates that any party may request the people's court to make a judgment in case the other party doesn't perform the agreement, the people's court shall not permit it. Article 11. Where the mediation agreement stipulates that one party provides the guarantee or any person not involved in the case consents to provide the guarantee, the people's court shall grant its approval. In case the guarantee is provided by the person not involved in the case, the people's court shall lay down the guarantors in the mediation document drawn up by itself and deliver the mediation document to the guarantors. In case the guarantor doesn't affix its name to the mediation document, the effect of the mediation document shall not be affected. The guarantee provided by the parties concerned or any person not involved in the case will become effective if it meets the requirements of the Guarantee Law. Article 12. The people's court shall not confirm the mediation agreement if: (1) it infringes on the national interests and social public interests; (2) it infringes on the interests of the persons other than involved in the case; (3) it is contrary to the true intentions of the parties concerned; or (4) it violates the prohibitive prescriptions of the laws and the administrative regulations. Article 13. According to the prescription of the Item 4, Clause 1, Article 90 of the Civil Procedure Law, if the parties concerned agree that the mediation agreement shall become effective after being signed or sealed by them, the mediation agreement shall be put into the written records or be attached to the file after being examined and confirmed by the people's court, and shall become legally effective after being signed or sealed by the parties concerned, the judges and the court clerk. If the parties concerned ask for drawing up a mediation document, the people's court shall draw up the mediation document and deliver it to the parties concerned. If the parties concerned refuse to accept the mediation document, it shall not affect the effectiveness of the mediation document. If either party fails to perform the mediation agreement, the other party can apply to the people's court for enforcing the mediation agreement. Article 14. In case the parties concerned can't reach a agreement concerning the undertaking of the court costs, it won't affect the effectiveness of the mediation document. The people's court may directly decide on the proportion of the court costs undertaken by the parties concerned, and the decision shall be archived into the mediation document. Article 15. In case the parties concerned who don't enjoy the rights and do not undertake the obligations stipulated in the mediation document refuse to sign on the mediation document, it won't affect the effectiveness of the mediation document. Article 16. In case the parties concerned put forward an object for the sake of the different original intentions between the civil mediation document and the mediation agreement, the people's court shall amend the relevant parts of the civil mediation document pursuant to the ruling of the mediation agreement if it believes, upon examination, that the object is justifiable. Article 17. Where the parties concerned reach a mediation agreement on some part of the litigation claims, the people's court may confirm it first and draw up a mediation document. Where the parties concerned reach a mediation agreement on the main litigation claims and ask for the people's court to put forward disposal opinions for the litigation claims not agreed upon and accept the disposal results, the disposal opinions of the people's court shall be a part of mediation agreement, and shall be entered into the mediation document if it has been drawn up. Article 18. Where the parties concerned become reconciled by themselves or reach the agreement after the mediation, and request the people's court to draw up a judgment according to the contents of the reconciliation accord or mediation agreement, the people's court shall not support it. Article 19. When the conditions of the guarantee clauses or the assumption of the civil liabilities stipulated in the mediation agreement are accomplished and the parties concerned apply for the enforcement thereof, the people's court shall enforce it according to law. Where the party concerned who fails to perform the mediation agreement assumes the civil liabilities stipulated in the mediation agreement pursuant to the prescriptions of the preceding paragraph, and the other party requires him to assume the liabilities of delayed performance prescribed in Article 232 of the Civil Procedure Law, the people's court shall not support it. Article 20. Where the mediation agreement stipulates the payment of specific objects, the real right and the priority of the third party already existent in the object prior to the conclusion of the mediation agreement, shall not be affected. In case the third party put forward the object to the executed objects during the implementation period, it shall be handled according to Article 208 of the Civil Procedure Law. Article 21. Where the people's court mediates the cases of civil litigation collateral to criminal proceedings, the present Provisions shall apply by analogy. Article 22. The cases, which have been accepted by the people's court prior to the implementation of the present Provisions and haven't been concluded after the implementation of the present Provisions, shall be handled pursuant to the present Provisions. Article 23. Where the related judicial interpretations of the Supreme People's Court prior to the implementation of the present Provisions are different from the present Provisions, the present Provisions shall prevail. Article 24. The present Provisions shall come into force as of November 1, 2004. |
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