All Clarifications by the Supreme People's Court Regarding Civil Mediation Procedures

1. Cases in which civil matters are recognized as successfully mediated

- The parties agree on the resolution of the entire case and the Judge issues a decision to recognize the agreement;- After the mediation, the petitioner withdraws the petition, and the Court issues a decision to suspend the resolution of the civil case due to the petitioner withdrawing the entire petition;- In divorce cases, disputes over adoption, and division of property upon divorce, after the Judge conducts mediation but the parties do not reconcile but agree to a consensual divorce, agree on child custody, and division of common property, and the Court recognizes the consensual divorce and the agreement of the parties according to the law;- For civil matters requesting consensual divorce, agreement on child custody, and division of property upon divorce, after mediation, the husband and wife reconcile, and the Judge issues a decision to suspend the resolution of the request.

2. Clause 1, Article 212 of the 2015 Civil Procedure Code (CPC 2015) stipulates: "Upon the expiration of 07 days from the date of the preparation of the minutes of successful mediation with no party changing their opinion on the agreement, the Judge presiding over the mediation session or a Judge assigned by the Chief Justice of the Court must issue a decision recognizing the agreement of the parties." So, on the 9th day from the date of the preparation of the minutes of successful mediation with no party changing their opinion, if the Judge only issues a decision recognizing the agreement of the parties, is it a serious procedural violation due to the delay in issuing the decision?

Clause 3, Article 203 of the CPC 2015 stipulates: "Within the time limit for preparation for trial specified in Clause 1 of this Article, depending on the case, the Judge shall issue one of the following decisions: a) Recognize the agreement of the parties; b) Temporarily suspend the resolution of the civil case; c) Suspend the resolution of the civil case; d) Bring the case to trial.”

Thus, the decision to recognize the agreement of the parties must be issued within the time limit for preparation for trial as prescribed in Clause 3, Article 203 of the CPC 2015. To ensure the principle that the Court adjudicates promptly according to the regulation in Clause 1, Article 15 of the CPC 2015, the Judge must issue a decision recognizing the agreement of the parties immediately after the expiration of 07 days from the date of the preparation of the minutes of successful mediation with no party changing their opinion.

Furthermore, Clause 2, Article 147 and Clause 5, Article 148 of the CPC 2015 stipulate that when the time limit is determined by days, weeks, months, years, the first day of the time limit is not counted, but counted from the next day immediately following the determined day; when the last day of the time limit is a weekend or holiday, the time limit concludes at the end of the next working day.

Thus, if on the 9th day from the date of the preparation of the minutes of successful mediation with no party changing their opinion, the Judge only issues the decision recognizing the agreement of the parties, it violates the time limit for issuing the decision but is not considered a serious procedural violation.

3. In the process of resolving a divorce case, if after mediation the husband and wife agree to reconcile but do not withdraw the petition, should the Court issue a decision of successful mediation or a decision to suspend the resolution of the case?

In the process of resolving a divorce case, if after mediation the husband and wife agree to reconcile, it should be identified as a case where the petitioner withdraws the petition. The Court, based on Point c, Clause 1, Article 217 of the CPC 2015, shall issue a decision to suspend the resolution of the case.

4. In a case involving multiple parties, if one party, who is an interested party, requests not to proceed with mediation, does this fall under the case where civil cases cannot be mediated according to Clause 4, Article 207 of the CPC 2015?

Clause 4, Article 207 of the CPC 2015 stipulates one of the cases where civil cases cannot be mediated is: "One of the parties requests not to proceed with mediation." Thus, if an interested party in the case requests not to proceed with mediation, it falls under the case where civil cases cannot be mediated.

However, according to Clause 3, Article 209 of the CPC 2015, if in a case involving multiple parties and one party is absent, but the parties present still agree to proceed with mediation and the mediation does not affect the rights and obligations of the absent party, the Judge shall proceed with mediation among the parties present; if the parties request to postpone the mediation session to have the presence of all parties in the case, the Judge must postpone the mediation session. The Judge must notify the postponement of the mediation session and the reopening of the mediation session to the parties.

According to Clause 3, Article 212 of the CPC 2015, if the parties present at the mediation session agree on the resolution of the case, the agreement is binding on those present and is recognized by the Judge if it does not affect the rights and obligations of the absent party. If their agreement affects the rights and obligations of the absent party, the agreement only takes effect and is recognized by the Judge if the absent party at the mediation session gives written consent.

(The above content is based on Official Dispatch 55/TANDTC-PC and Official Dispatch 01/GD-TANDTC)

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