On 23 March the Supreme People’s Court issued the Judicial Confirmation Process for People’s Mediation Agreements Several Provisions, which came into effect on 30 March.
Scope of application
- The Several Provisions primarily apply to cases concerning civil disputes where, after a mediation agreement has been reached through the mediation of a people’s mediation committee under the PRC People’s Mediation Law, both parties together voluntarily apply to a people’s court for judicial confirmation within 30 days of the date of entry into force of the mediation agreement.
- After an agreement is reached through the mediation of mediators on the roster of mediators established by the people’s courts and where the parties apply for judicial confirmation, reference to the Several Provisions should be made in dealing with the matter.
- The judicial confirmation by a people’s court of an agreement reached by others it has commissioned after filing the case should be handled in accordance with the related provisions of the Supreme People’s Court Several Issues Concerning the Civil Mediation Work of the People’s Courts Provisions (Fa Shi [2004] No. 12).
- The following situations are not eligible for judicial confirmation by people’s courts: cases not belonging to the range of civil cases accepted by people’s courts; applications that it is not within the jurisdiction of the people’s courts to accept; and cases requiring the confirmation of identity, adoption or a marital relationship.
Business Law Digest is compiled with the assistance of Haiwen & Partners. The authors can be emailed at baochen@haiwen-law.com. Readers should not act on this information without seeking professional legal advice.
