Certain Provisions of the Supreme People's Court on Procedures for Judicial Confirmation of People's Mediation Agreements

Fa Shi [2011] No. 5

March 23, 2011

The Certain Provisions of the Supreme People's Court on Procedures for Judicial Confirmation of People's Mediation Agreements which were adopted at the 1515th meeting of the Judicial Committee of the Supreme People's Court on March 21, 2011 are hereby promulgated and shall come into effect on March 30, 2011.

In order to standardize procedures for the judicial confirmation of civil mediation agreements reached under the mediation of people's mediation committees, establish and further improve the mechanism for the resolution of disputes over connection between litigation proceedings and non-litigation proceedings, these Provisions are formulated in accordance with the Civil Procedure Law of the People's Republic of China and the Law of the People's Republic of China on Civil Mediation and in light of trial practices.

Article 1 Where parties to a case jointly apply with the people's court to confirm their mediation agreement in accordance with Article 33 of the Law of the People's Republic of China on Civil Mediation, the people's court shall accept the application in accordance with the law.

Article 2 Where any of the parties applies for their mediation agreement to be confirmed, the grassroots people's court or its dispatch tribunal at the place where the people's mediation committee which presides over the mediation process shall have jurisdiction.
Where the people's court, before keeping a case on file, assigns the people's mediation committee to conduct mediation sessions, a mediation agreement is reached and any of the parties applies for judicial confirmation of the mediation agreement, the assigning people's court shall have jurisdiction.

Article 3 Where any of the parties applies for confirmation of their mediation agreement, he or she shall submit a judicial confirmation application, the mediation agreement, his or her identity certificate, qualification certificate, property right certificates related to the mediation agreement, and other evidentiary materials to the people's court and provide his or her contact details such as address for service and telephone number. Where another person is authorized to make the application, a power of attorney signed or sealed by the principal shall be submitted to the people's court.

Article 4 After receiving the judicial confirmation application of any of the parties, the people's court shall made a decision on whether or not to accept the application. In the case of a decision to accept the application, the people's court shall prepare a file with the case code of "Tiao Que Zi" and promptly serve a notice of acceptance on the parties. Where the two parties apply for judicial confirmation at the same time, the people's court may immediately accept the application and make a decision on whether or not to confirm their mediation agreement.
Under any of the following circumstances, the people's court shall not accept the application:
1. Where the application does not fall within the scope of civil cases accepted by the people's court or does not fall under the jurisdiction of the people's court receiving the application;
2. Where the application is related to the confirmation of an identity relationship;
3. Where the application is related to the confirmation of an adoption relationship; or
4. Where the application is related to the confirmation of a marriage relationship.

Article 5 The people's court shall, within 15 days of acceptance of a judicial confirmation application, make a decision on whether or not to confirm the mediation agreement. Where the period needs to be extended due to special reasons, upon the approval of the president of the court, it may be extended for 10 days.
Where either or both of the parties withdraw the judicial confirmation application before the people's court makes a decision on whether or not to confirm the mediation agreement, the people's court shall approval the withdrawal.

Article 6 After accepting a judicial confirmation application, the people's court shall designate a judge to examine the mediation agreement. If necessary, the people's court may notify the two parties to appear before the court and question the parties in a face-to-face manner. The parties shall truthfully state relevant details about the application for the confirmation of their mediation agreement and guarantee the veracity and legality of the submitted evidentiary materials. Where, in the course of examination, the people's court deems that the statements of the parties or the submitted evidentiary materials are insufficient, incomplete or has any doubt over them, it may require the parties to make supplementary statements or provide supplementary evidentiary materials. Any of the parties who fails to do so within the specified time limit or refuses to accept inquiry without any justified reasons may be treated as withdrawing the application for judicial confirmation.

Article 7 Under any of the following circumstances, the people's court shall not confirm the effectiveness of the mediation agreement:
1. Where the mediation agreement violates the compulsory provisions of laws and administrative regulations;
2. Where the mediation agreement infringes upon the state interest and the public interest;
3. Where the mediation agreement infringes upon the lawful rights and interests of outsiders;
4. Where the mediation agreement harms the public order and good customs;
5. Where the mediation agreement is unclear in content and it is unable to make confirmation; or
6. Other circumstances in which judicial confirmation is unlikely to be made.

Article 8 Where the people's court deems after examination that the mediation agreement meets the confirmation conditions, it shall deliver a decision of confirmation; where it decides not to confirm the effectiveness of the mediation agreement, it shall deliver a decision of non-confirmation.

Article 9 Where, after the people's court delivers a decision of confirmation, either of the parities refuses to perform the mediation agreement or partially perform the mediation agreement, the other party may apply with the people's court delivering the decision of confirmation to enforce the mediation agreement.

Article 10 Any outsider who deems that the mediation agreement which is confirmed by the people's court infringes upon his or her lawful rights and interests may, within one year of the date on which he or she knows or ought to know the infringement, apply to the people's court delivering the decision of confirmation to set aside the decision of confirmation.

Article 11 The people's court shall not charge any fees for handling cases for the judicial confirmation of people's mediation agreements.

Article 12 the people's court may, in a periodic or non-periodic manner, report the details about non-confirmation of mediation agreements to the judicial administrative authority at the same level and relevant people's mediation committees.

Article 13 where, after a mediation agreement is reached under the mediation of any mediator of the mediator register set up by the people' court, any of the parties apply for the judicial confirmation of the mediation agreement, these Provisions shall be followed. The judicial confirmation of a mediation agreement under the mediation of another person assigned by the people's court after it keeping the case on file shall be handled in accordance with the Provisions of the Supreme People's Court on Several Issues Concerning the Civil Mediation in the People's Courts (Fa Shi [2004] No. 12).