The Supreme People's Court has just issued Official Dispatch 55/TANDTC-PC on March 20, 2018, providing guidelines for the criteria to determine successful conciliation and successful dialogue.
The cases in which a civil matter is considered successfully mediated include:
- The parties reach an agreement on resolving the entire case, and the Judge issues a decision to recognize the agreement;- After mediation, the plaintiff withdraws the lawsuit, and the Court issues a decision to suspend the resolution of the civil case due to the withdrawal of the plaintiff's entire claim;- In cases of divorce, child adoption disputes, or division of property upon divorce, after the Judge conducts mediation, the parties do not reunite but mutually consent to divorce, agree on child custody, and divide the joint property, and the Court recognizes the consensual divorce and the parties' agreement according to the law;- The civil matter requesting consensual divorce, agreement on child custody, and division of property upon divorce, but after mediation, the spouses reunite, and the Judge issues a decision to suspend the resolution of the request.
Official Dispatch 55/TANDTC-PC also provides guidance on some cases regarding successful dialogue in administrative cases.
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