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TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLE CHAPTER II PEOPLE¡¯S MEDIATION COMMITTEES AND PEOPLE¡¯S MEDIATORS CHAPTER III ACCEPTANCE OF PRIVATE DISPUTES CHAPTER IV MEDIATION OF PRIVATE DISPUTES CHAPTER V PEOPLE¡¯S MEDIATION AGREEMENT AND THE PERFORMANCE THEREOF CHAPTER VI GUIDANCE TO THE PEOPLE¡¯S MEDIATION WORK CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLE Article 1. The present Provisions have been formulated on the basis of the Constitution of the People's Republic of China, the Civil Procedure of the People's Republic of China and the Regulation on the Organization of People's Mediation Committees for the purpose of regulating the work of people's mediation, perfecting the people's mediation organizations and improving the quality of people's mediations. Article 2. The people's mediation committees are organizations of the masses for mediating private disputes. People's mediators are those engaging in the work of people's mediation elected or employed by the masses and under the leadership of the people's mediation committees. The people's mediation committees and the mediators are referred to in general as people's mediators. Article 3. The tasks of the people's mediation committees are: (1) Mediating private disputes so as to prevent them from intensifying; (2) Publicizing laws, regulations, administrative rules and policies through mediation work, educating the citizens to abide by the law and respect the social morality so as to prevent private disputes; and (3) Reporting to the villagers' committees, residents' committees, the entity one works at and the basic-level people's governments about the situation of private disputes and the mediation work. Article 4. The people's mediation committee shall observe the following principles in the mediation of private disputes: (1) Conducting mediations on the basis of laws, regulations, administrative rules and policies; where there are no explicit provisions in laws, regulations, administrative rules and policies, they shall conduct mediations on the basis of socialist morality; (2) Conducting mediations on the basis of the free will and equality of both parties concerned; and (3) Respecting the litigation rights of the parties concerned, and may not prevent them from lodging lawsuits with the people's court on the ground of not conducting mediations or failing to settle the disputes through mediations. Article 5. According to Some Provisions of the Supreme People's Court Concerning the Trial of Civil Cases Involving People's Mediation Agreements, a mediation agreement, which is reached through the mediation of the people's mediation committee, includes the stipulations of rights and obligations, and is signed or sealed by the parties concerned, shall be a civil contract in nature. The parties concerned shall perform their respective obligations according to the stipulations of the agreement and none of them may unlawfully alter or dissolve the mediation agreement. Article 6. In the people's mediation activities, the parties to disputes shall enjoy the following rights: (1) Deciding at their own free will to accept, refuse to accept or to terminate mediation; (2) Requesting relevant mediators to withdraw; (3) Refraining from suppression and constraint, expressing their true will and making reasonable claims; and (4) Coming into mediation agreements at their own free will. Article 7. In the people's mediation activities, the parties to disputes shall undertake the following obligations: (1) They shall state truthfully the facts of disputes, and may not provide any false certification materials; (2) They shall observe the rules of mediation; (3) They shall not intensify the disputes and contradictions; and (4) They shall voluntarily carry out the people's mediation agreements. Article 8. The people's mediation committees may not charge any fee for mediating private disputes. Article 9. Judicial and administrative organs shall guide and administer the people's mediation work according to the present Provisions. The routine guidance and administration of the people's mediation committees shall be done by the judicial offices (sections) of the towns, townships and sub-districts. CHAPTER II PEOPLE'S MEDIATION COMMITTEES AND PEOPLE'S MEDIATORS Article 10. The people's mediation committees may be established by any of the following means: (1) The people's mediation committees established by the villagers' committees of the rural areas or the residents' committees of the urban areas or residential communities; (2) The people's mediation committees established by the town, townships and sub-districts; (3) The people's mediation committees established by the enterprises and public institutions to meet their own needs; or (4) The regional or industrial people's mediation committees established according to the practical needs. The establishment and the members thereof shall be filed to the judicial office (section) of the town, township or sub-district of the local place for archivist purposes. The establishment of people's mediation committees and the members thereof shall be filed to the judicial administrative department on the county level for archivist purpose. Article 11. People's mediation committee shall consist of three members or more. It shall include a chairman and, where it is necessary, a vice chairman. The people's mediation committees of the places where people of minority ethnic groups inhabit shall include members of the ethnic group which has a smaller population. A people's mediation committee shall consist of women members. Article 12. The people's mediation committees of the villagers' committees, residents' committees, enterprises and public institutions may, where it is necessary, establish mediation groups and employ mediators on the basis of the natural village, residential area (courtyard), workshop, etc. Article 13. The members of the people's mediation committee of the towns, townships and sub-districts shall be any of the following persons: (1) The director of the people's mediation committee of the villagers' committee, residents' committee, enterprises, public institutions established within the jurisdiction of the town, township, sub-district; (2) The judicial assistant of the town, township or sub-district concerned; (3) The social volunteers within the jurisdiction of the town, township or sub-district concerned that have legal knowledge or special skills and are enthusiastic about people's mediation work. Article 14. The requirements for being a people's mediator are: being fair-minded, having close ties with the masses, being enthusiastic about the people's mediation work and having certain knowledge of law, policy and received certain education. People mediation committee members for towns and streets should have a high school education. Article 15. The people's mediator may be concurrently a member of villagers' committee, residents' committee or a relevant person-in-charge of the enterprise or public institution, it may also be elected by the masses of the village, residential area, enterprise or public institution concerned, or be appointed by the villagers' committee, residents' committee, enterprise or public institution concerned. The members of the people's mediation committees of the towns, townships and sub-districts shall be appointed by the judicial office of the town, township or sub-district concerned. The members of the regional and industrial people's mediation committees shall be appointed by the organizations that establish the people's mediation committee concerned. Article 16. The term of a people's mediator shall be three years. A reelection or appointment shall be made every three years, and the mediators may be reelected or reappointed. Where a people's mediator cannot perform his duties, the original election entity or appointment entity shall conduct a makeup reelection or reappointment. Where a people's mediator seriously neglects his duties or breaks the law and principles, he shall be removed by the original election entity or appoint entity. Article 17. The people's mediators shall observe the following disciplines in the mediation of disputes: (1) They may not seek private gains by unlawful means; (2) They may not suppress or revenge against the parties concerned; (3) They may not insult or punish any of the parties to the disputes; (4) They may not disclose any of the privacies of the parties concerned; and (5) They may not accept any treat of gift of other people. Article 18. Where a people's mediator is unlawfully intervened or retaliated for his lawful performance of duties may request the judicial administrative departments and other relevant departments for protection according to law. To perform his duties, a people's mediator shall stick to the principles, love his work and provide services warmly. They shall be honest and keep his promise, behave decently, show self-discipline, be uncorrupted, pay attention to study, and incessantly improve their accomplishment of law and ethics as well as mediation skills. Article 19. The people's mediation committees shall establish and perfect various rules concerning the system of personal responsibility, regular meetings, study, appraisal, performance registration, statistics, and archivist files, and continuously strengthen the building of organization, group of mediators and mediation skills. CHAPTER III ACCEPTANCE OF PRIVATE DISPUTES Article 20. The private disputes that are mediated by the people's mediation committees include the various disputes between citizens, between citizens and legal persons and other social organizations concerning civil rights and obligations. Article 21. Private disputes shall be accepted by the people's mediation committee of the local place (or entity) where the parties to the dispute belong to or where the dispute happens for mediation. The difficult and complicated private disputes and the private disputes involving more than one region or entity which cannot be settled through mediations by the people's mediation committees of the villagers' committee, residents' committee, enterprise or public institution shall be accepted by the people's mediation committee of the town, township or sub-district concerned for mediation or be jointly mediated by the relevant people's mediation committees concerned. Article 22. The people's mediation committees may not accept any of the following disputes: (1) A dispute that can only be dealt with, according to the provisions of laws or regulations, by special state organs, or that is prohibited by laws or regulations from settlement through private mediation; or (2) A dispute that has already been accepted or settled by the people's court, public security organ or other administrative organ. Article 23. The people's mediation committees shall accept disputes for mediation upon the request of the parties concerned. Where none of the parties requests, they may volunteer for mediation, unless the parties show objection to mediation. The parties concerned may make the request for mediation either in written or oral form. Any dispute accepted for mediation shall be put on record. Article 24. If a request of the parties concerned for mediation meets the relevant requirements, the people's mediation committee concerned shall accept promptly. If it does not meet the requirements, the parties concerned shall be informed to apply to relevant state organs for settlement according to the provisions of laws and regulations or file a suit with the people's court. If it may intensify at any time, it shall be delivered to the relevant state organs for settlement after necessary mitigatory measures have been taken. CHAPTER IV MEDIATION OF PRIVATE DISPUTES Article 25. To mediate a dispute, the people's mediation committee concerned shall appoint a people's mediator as the chairman, and may, where necessary, appoint a number of people's mediators to participate in the mediation. In case any of the parties concerned requests the chairman to withdraw, the people's mediation committee shall appoint another mediator to replace him. Article 26. When mediating a dispute, the people's mediation committee shall inquire the parties concerned about the facts and plots of the dispute, know the claims and grounds of both parties, and where necessary, make investigations for verification purposes, and make good preparations for the mediation. Article 27. When mediating a dispute, the people's mediation committee may, where necessary, invite the relevant entities and individuals to participate in the mediation, and the entities and individuals invited shall give their support. In the mediation of any dispute involving more than one region or entity, the people's mediation committee concerned shall cooperate with each other so as to make the mediation a success. Article 28. In general practice, a dispute shall be mediated by the people's mediation committee at the specially arranged place. Where it is necessary, mediation can also be conducted at any other place that is convenient for the parties concerned. Article 29. The mediation of disputes by the people's mediation committee may be conducted in public where it is necessary, and the relatives, neighbors of the parties concerned and the people of the local place (or the entity concerned) to be audiences in the mediation, unless the privacy or business secret of the parties concerned is involved or any of the parties concerned shows objection. Article 30. The people's mediation committee shall, before conducting a mediation, inform the parties concerned orally or in written form of the nature, principles and effect of the people's mediation as well as the rights and obligations of the parties concerned in the mediation activities. Article 31. The people's mediation committee shall, on the basis of finding out the facts, discriminating the liabilities of each party, and according to the characteristics of the parties concerned, the nature of the dispute, difficulty, situation of development, etc., take various flexible ways to conduct patient and meticulous persuasion and so as to urge the parties concerned to understand each other, eliminate estrangement, and steer and help the parties concerned to come into mediation agreements. Article 32. The people's mediation committee shall, in the mediation of disputes, pay close attention to any sign of intensification of the disputes and try to prevent the disputes from being intensified through mediation activities. Article 33. The mediation of a dispute by the people's mediation committee shall, generally speaking, be accomplished within one month. CHAPTER V PEOPLE'S MEDIATION AGREEMENT AND THE PERFORMANCE THEREOF Article 34. If a dispute settled through the mediation of the people's mediation committee involves civil rights and obligations or the parties concerned request for making a written mediation agreement, a written mediation agreement shall be made. Article 35. A mediation agreement shall specify the following content: (1) The basic information of the parties concerned; (2) A brief account of the dispute, the matters at dispute and the responsibilities of both parties; (3) The rights and obligations of the parties concerned; (4) The ways, place and term for the performance of the agreement; and (5) The signatures of the parties concerned and the chairman as well as the seal of the people's mediation committee. The mediation agreement shall be kept one copy by each party and another copy by the people's mediation committee. Article 36. The parties concerned shall voluntarily perform the mediation agreement. The people's mediation committee shall pay return visits to the performance of the mediation agreement and put the situation of performance to record. Article 37. Where the parties concerned refuses to perform the mediation agreement or become regretted after coming into an agreement, the people's mediation committee shall deal with the different situations according to the following rules: (1) Where the parties refuse to perform the agreement without good reasons, it shall persuade and urge them to perform the agreement; (2) If the parties concerned argue that the agreement has not been properly made or the people's mediation committee finds that the agreement is not properly made, it shall, upon the consent of the parties concerned, alter the agreement by a second mediation, or cancel the original agreement and come into a new one; (3) If any of the parties still refuses to perform the people's mediation agreement after being urged, it shall inform the parties concerned that they may request the basic-level people's government to deal with the dispute or file a lawsuit with the people's court on the ground of performing, altering or canceling the mediation agreement. Article 38. For the civil cases brought to the people's court by one party due to the other party's failure to perform the mediation agreement or becoming regretted after coming into the agreement, the people's mediation committee that undertook the mediation of the dispute shall cooperate the people's court in the trial of the cases. CHAPTER VI GUIDANCE TO THE PEOPLE'S MEDIATION WORK Article 39. The judicial administrative organs at all levels shall take effective measures and pay close attention to guidance so as to constantly promote the construction of the organization, team, skills and rules of the people's mediation committees of the local places, regulate the people's mediation work and enhance the quality and level of the people's mediation work. The judicial administrative organs at all levels shall, in guiding the mediations, strengthen the coordination and cooperation with the people's courts. Article 40. The judicial administrative organs at all levels shall pay attention to the training of the people's mediators by various means so as to constantly improve the quality of the people's mediators. Article 41. The judicial administrative organs at all levels shall commend or reward regularly or at appropriate times the people's mediation committees and people's mediators that have made outstanding achievements and contributions. Article 42. The judicial administrative organs at all levels shall actively secure the support of the people's government at the same level so as to ensure the funds for guiding and commending the people's mediation work, shall coordinate and urge the villagers' committees, residents' committees, enterprises and public institutions to make sure of the funds for the work of the people's mediation committees and the funds for paying the subsidies of the people's mediators. Article 43. The judicial offices of the towns, townships, and sub-districts as well as the judicial assistants shall strengthen the guidance to and supervision of the work of the people's mediation committees. They shall be responsible for answering and dealing with the request for instructions, inquiries and complaints of the people's mediation committees or the parties to disputes concerning the mediation work. They shall assist and participate in the mediation activities of specific disputes upon the request of the people's mediation committees or according to the practical demand. They shall inspect the mediation agreements entered into as a result of the people's mediation committees. If they find any violation of the law, regulation, administrative rule or policy, such violations shall be straightened out. They shall summarize and exchange the experiences of the people's mediation work, probe and study the characteristics and rules of private disputes, and guide the people's mediation committees to improve their work. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 44. The format of the various documentations required by the work of people's mediation committees shall be uniformly formulated by the Ministry of Justice. Article 45. The present Provisions shall be implemented as of November 1, 2002. In case any of the provisions in relevant regulations or regulatory documents prior to the promulgation of the present Provisions contradicts the present Provisions, the present Provisions shall prevail. |
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