Law of the People's Republic of China on Civil Mediation

Law of the People's Republic of China on Civil Mediation

Order of the Chairman of the People's Republic of China No. 34

August 28, 2010

The Law of the People's Republic of China on Civil Mediation, which was adopted at the 16th session of the Standing Committee of the Eleventh National People's Congress on August 28, 2010, is hereby promulgated and shall come into effect as of January 1, 2011.

Chairman of the People's Republic of China: Hu Jintao

Law of the People's Republic of China on Civil Mediation

Adopted at the 16th session of the Standing Committee of the Eleventh National People's Congress on August 28, 2010

Table of Contents
Chapter I General Provisions
Chapter II Civil Mediation Committee
Chapter III People's Mediators
Chapter IV Mediation Procedure
Chapter V Mediation Agreement
Chapter VI Supplementary Provisions

Chapter I General Provisions
　
Article 1 For the purpose of improving civil mediation system, regulating civil mediation activities, timely resolving disputes among people, and maintaining the harmony and stability of society, this Law is formulated in accordance with the Constitution.
　
Article 2 For the purposes of this Law, "civil mediation" shall refer to the activities of civil mediation committees in promoting the parties to voluntarily reach mediation agreements through consultation on the basis of equality by persuasion, guidance and other methods to resolve disputes among people.
　
Article 3 In mediating disputes among people, the civil mediation committee shall follow the following principles:
1. Conduct mediation on the basis of the voluntariness and equality of the parties;
2. Do not violate laws, regulations and policies of the state; and
3. Respect the rights of parties and shall not prevent the parties from protecting their rights through such channels as arbitration, administration and judicature on the ground of mediation.
　
Article 4 No fee may be charged for mediation of disputes among people by civil mediation committee.
　
Article 5 The judicial administration department under the State Council shall be responsible for guiding the civil mediation work throughout the country and the judicial administration departments of local people's governments at or above the county level shall be responsible for guiding civil mediation work within the administrative area.
The grassroots people's courts shall provide professional guidance to civil mediation committees in mediating disputes among people.
　
Article 6 The state encourages and supports civil mediation work. The local people's governments at or above the county level shall provide necessary support and guarantee regarding the fund needed in the civil mediation work and shall praise and reward the civil mediation committees and civil mediators with outstanding contribution in accordance with the provisions of the state.

Chapter II Civil Mediation Committee
　
Article 7 The civil mediation committees are mass organizations established in accordance with law for mediating disputes among people.
　
Article 8 Villagers' committees and residents' committees shall establish civil mediation committees.
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