Order of the President of the People's Republic of China
Number thirty-fourth

The People’s Mediation Law of the People’s Republic of China was adopted at the 16th meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on August 28, 2010. It is hereby promulgated and shall come into force on January 1, 2011 .

President of the People's Republic of China Hu Jintao
August 28, 2010

 
People's Mediation Law of the People's Republic of China
（Adopted at the 16th meeting of the Standing Committee of the 11th National People's Congress on August 28, 2010）

Content
    Chapter One General Provisions
    Chapter 2 People's Mediation Committee
    Chapter III: People's Mediator
    Chapter IV: Mediation Procedure
    Chapter 5: Mediation Agreement
    Chapter Six

Chapter One General Provisions
　　 Article 1 In order to improve the people’s mediation system, regulate people’s mediation activities, resolve civil disputes in a timely manner, and maintain social harmony and stability, this law is formulated in accordance with the Constitution.
　　 Article 2 The people’s mediation referred to in this law refers to the activities of the people’s mediation committee to urge the parties to voluntarily reach a mediation agreement on the basis of equal consultation to resolve civil disputes through persuasion and diversion.
　　Article 3　The People's Mediation Committee shall follow the following principles in mediating civil disputes:
    (1) Mediation shall be conducted on the basis of the parties' voluntariness and equality;
    (2) Does not violate laws, regulations and national policies;
    (3) Respect the rights of the parties, and shall not prevent the parties from defending their rights through arbitration, administration, and justice in accordance with the law due to mediation.
    Article 4 The People's Mediation Committee does not charge any fees for mediating civil disputes.
    Article 5: The judicial administrative department of the State Council is responsible for guiding the people's mediation work throughout the country, and the judicial administrative department of the local people's government at or above the county level is responsible for guiding the people's mediation work in its administrative area.
    The basic-level people's courts provide professional guidance to the people's mediation committee in mediating civil disputes.
    Article 6: The state encourages and supports people's mediation work. Local people's governments at or above the county level shall provide necessary support and guarantee for the funds required for people's mediation work, and commend and reward people's mediation committees and people's mediators who have made outstanding contributions in accordance with state regulations.

Chapter 2 People's Mediation Committee
    Article 7: The People's Mediation Committee is a mass organization established in accordance with the law to mediate civil disputes.
    Article 8: People's mediation committees shall be established by villagers' committees and residents' committees. Enterprises and institutions shall establish people's mediation committees as needed.
    The People's Mediation Committee is composed of three to nine members, with a director, and when necessary, several deputy directors.
    People’s mediation committees should have women members, and areas where multiple ethnic groups live should have members from a smaller number of ethnic groups.
    Article 9 The members of the people's mediation committee of the villagers' committee and the residents' committee are elected by the villagers' meeting or the villagers' representative meeting or the residents' meeting; the members of the people's mediation committee established by enterprises and institutions are elected by the workers' assembly, the workers' representative assembly or the trade union organization.
    The members of the People's Mediation Committee serve a term of three years and may be re-elected.
    Article 10: The judicial administrative department of the people's government at the county level shall collect statistics on the establishment of the people's mediation committee in its administrative area, and promptly report the people's mediation committee and its personnel composition and adjustment to the local basic people's court.
    Article 11: The People's Mediation Committee shall establish and improve various mediation work systems, listen to the opinions of the masses, and accept supervision by the masses.
    Article 12 Village committees, residents committees and enterprises and institutions shall provide office conditions and necessary working funds for the people's mediation committee to carry out its work.

Chapter 3: People's Mediator
    Article 13: People's mediators shall be members of the People's Mediation Committee and personnel appointed by the People's Mediation Committee.
    Article 14: People's mediators shall be held by adult citizens who are fair and decent, enthusiastic about people's mediation work, and have a certain level of education, policy level, and legal knowledge.
    The judicial administrative department of the people's government at the county level shall regularly conduct professional training for people's mediators.
    Article 15: Where a people’s mediator commits one of the following acts in mediation work, the people’s mediation committee to which he belongs shall give criticism and education and order corrections. If the circumstances are serious, the selection or appointing unit shall remove or dismiss it:
    (1) Favoring one party;
    (2) Insulting the parties;
    (3) Soliciting or accepting property or seeking other illegitimate benefits;
    (4) Disclosing the personal privacy and business secrets of the parties concerned.
    Article 16 People’s mediators who engage in mediation work shall be given appropriate allowances for lost work; if they are injured or disabled due to mediation work and have difficulties in their lives, the local people’s government shall provide necessary medical and living assistance; in people’s mediation jobs The spouses and children of the sacrificed people’s mediators enjoy pensions and preferential treatment in accordance with state regulations.

Chapter 4: Mediation Procedure
    Article 17: The parties may apply to the People's Mediation Committee for mediation; the People's Mediation Committee may also initiate mediation. If one of the parties expressly refuses mediation, mediation shall not be allowed.
    Article 18: Basic-level people's courts and public security organs may notify the parties to apply for mediation to the People's Mediation Committee before accepting disputes that are suitable for resolution through people's mediation.
    Article 19: According to the needs of mediating disputes, the People’s Mediation Committee may appoint one or more people’s mediators to conduct mediation, or the parties may choose one or more people’s mediators to conduct mediation.
    Article 20 People’s mediators may invite relatives, neighbors, colleagues, etc. of the parties concerned to participate in the mediation according to the needs of mediating disputes and after obtaining the consent of the parties. Personnel participate in mediation.
    The People's Mediation Committee supports the participation of local social figures who are fair and decent, enthusiastic about mediation, and recognized by the masses to participate in mediation.
    Article 21: People's mediators shall adhere to principles in mediating civil disputes, clarify the law and conduct justice.
    The mediation of civil disputes should be carried out in a timely and on-site manner to prevent conflicts from intensifying.
    Article 22. People’s mediators may adopt various methods to mediate civil disputes according to the different circumstances of the dispute, fully listen to the statements of the parties, explain relevant laws, regulations and national policies, and patiently guide them on the basis of equal consultation, mutual understanding and mutual accommodation between the parties. A dispute resolution plan was proposed to help the parties voluntarily reach a mediation agreement.
    Article 23: The parties shall enjoy the following rights in people's mediation activities:
    (1) Choosing or accepting people's mediators;
    (2) Accept mediation, refuse mediation or request termination of mediation;
    (3) Require mediation to be conducted in public or not in public;
    (4) Expressing their wishes voluntarily and voluntarily reaching a mediation agreement.
    Article 24: The parties shall perform the following obligations in people's mediation activities:
    (1) To truthfully state the facts of the dispute;
    (2) Observe the order of the mediation site and respect the people's mediator;
    (3) Respect the other party’s exercise of rights.
    Article 25: In the process of mediating disputes, people’s mediators shall take targeted preventive measures if they discover that the disputes may intensify; for disputes that may cause public security or criminal cases, they shall promptly report to the local public security organs or other disputes. Relevant department reports.
    Article 26: People's mediators mediate disputes, and if the mediation fails, they shall terminate the mediation and, in accordance with the relevant laws and regulations, inform the parties that they can protect their rights through arbitration, administration, and justice in accordance with the law.
    Article 27: People's mediators shall record the mediation situation. The people's mediation committee shall establish mediation work files, and file the mediation registration, mediation work records, mediation agreement and other materials on file.

Chapter 5: Mediation Agreement
    Article 28: If a mediation agreement is reached through mediation by the People's Mediation Committee, a mediation agreement may be prepared. If the parties believe that there is no need to prepare a mediation agreement, an oral agreement can be adopted, and the people's mediator shall record the content of the agreement.
    Article 29: The mediation agreement may specify the following items:
    (1) The basic information of the parties;
    (2) The main facts of the dispute, the matters in dispute, and the responsibilities of all parties;
    (3) The content of the mediation agreement reached by the parties, the method of performance, and the time limit.
    The mediation agreement shall take effect from the date when the parties sign, seal, or press their fingerprints, and the people’s mediator signs and affixes the seal of the people’s mediation committee. Each party shall hold a copy of the mediation agreement, and the people's mediation committee shall keep a copy.
    Article 30: The oral mediation agreement shall take effect from the date when the parties reach an agreement.
    Article 31: The mediation agreement reached through mediation by the People's Mediation Committee shall be legally binding, and the parties shall implement it in accordance with the agreement.
    The people's mediation committee shall supervise the implementation of the mediation agreement and urge the parties to perform their agreed obligations.
    Article 32: After a mediation agreement is reached through mediation by the People's Mediation Committee, if there is a dispute between the parties on the performance of the mediation agreement or the content of the mediation agreement, one of the parties may file a lawsuit in the people's court.
    Article 33 After the mediation agreement is reached through mediation by the people’s mediation committee, if both parties deem it necessary, they may jointly apply to the people’s court for judicial confirmation within 30 days from the effective date of the mediation agreement, and the people’s court shall review the mediation agreement in a timely manner , To confirm the validity of the mediation agreement in accordance with the law.
    The people's court confirms that the mediation agreement is valid in accordance with the law, and if one of the parties refuses to perform or fails to perform all of it, the other party may apply to the people's court for compulsory execution.
    If the people's court confirms that the mediation agreement is invalid in accordance with the law, the parties may change the original mediation agreement or reach a new mediation agreement through people's mediation, or they may bring a lawsuit to the people's court.

Chapter 6
    Article 34 Townships, sub-districts, social organizations or other organizations may set up people's mediation committees to mediate civil disputes by referring to the relevant provisions of this law as needed.
    Article 35: This Law shall come into force on January 1, 2011