In Chinese dispute resolution law, mediators are members of the government’s Mediation Committee, and are responsible for mediating civil disputes. A mediation can be initiated at the party’s request or due to intervention by the mediation committee. A government agency may also initiate a mediation. However, if a party does not want to mediate the dispute, the mediator must withdraw and advise of the right to file a lawsuit, or they may request regulatory intervention.

A mediator who believes that the mediation involves a volatile conflict should refer the matter to the appropriate government agency.  In China, it is the mediator who must perform an investigation and interview all relevant parties to fully understand the nature of the case before starting. Then, the mediator will inform the parties of their rights and obligations during a mediation.

During a mediation, the mediator’s goal is to provide guidance and persuasion to the parties so they can reach a Mediated Settlement Agreement through compromise. If the parties cannot agree on a compromise, the mediator should recommend reasonable terms to include in the Mediated Settlement Agreement that treat both parties in a fair and equal manner.

The Mediated Settlement Agreement needs judicial recognition; if a party refuses to obtain it, the mediator should recommend filing a lawsuit. The mediator will supervise the performance of the Mediated Settlement Agreement, and if one party fails to perform their obligations, they must recommend the other party seek judicial enforcement of their rights. Mediators in China maintain archives of past mediations.