Mediation In
Macau SAR, China

State Laws

Macau Special Administrative Region operates under a separate legal system from mainland China pursuant to the 'one country, two systems' principle. Macau does not follow the mainland People's Mediation Law. Instead, Macau has its own civil law legal system based on Portuguese law. Mediation in Macau is not governed by a specific mediation ordinance as in Hong Kong, but is instead regulated through general civil procedure rules and professional body guidelines. The Macau Judiciary actively promotes mediation as an alternative dispute resolution mechanism, and mediation is increasingly used in commercial, family, and civil disputes. Macau's mediation framework reflects its civil law tradition and status as a special administrative region.

Licensing Requirements

Macau does not have a mandatory government licensing scheme for mediators. However, mediators may obtain accreditation from professional bodies such as the Macau Lawyers Association or international mediation organisations. Lawyers in Macau are regulated by the Macau Lawyers Association (Associação dos Advogados de Macau) and may act as mediators or represent parties in mediation proceedings. Professional mediators often have backgrounds in law, construction, or other specialised fields relevant to commercial disputes. The Macau Lawyers Association provides training and guidelines on mediation practice. There is no mandatory government licensing system for mediators, but professional standards are maintained through self-regulation by professional bodies.

Local Court Systems

Macau has a separate court system from mainland China, consisting of the Court of Final Appeal, Court of Second Instance, and Court of First Instance. The Court of First Instance includes specialised sections for civil, criminal, and family matters. Mediation is integrated across these courts through judicial practice and court annexed mediation services. The Macau Judiciary actively promotes mediation through court rules and practice directions. The Court of First Instance has established mediation services to assist parties in resolving disputes. Courts are staffed by judges trained in Macau's civil law system based on Portuguese legal traditions.

Fee Structures

Mediation fees in Macau are generally higher than in mainland China due to its commercial nature and cost of living, though lower than Hong Kong. Court-annexed mediation may have administrative fees, but mediator's fees are typically paid by the parties. Private mediators charge based on hourly rates or daily rates, with fees varying based on mediator experience and case complexity. Commercial mediation institutions may have published fee schedules based on claim value and case duration. Small claims and family mediation may be available at reduced rates or through subsidised programmemes. The civil law system influences cost allocation in dispute resolution.

Bar Association Rules

The Macau Lawyers Association (Associação dos Advogados de Macau) regulates lawyers in Macau. The Association has rules and guidelines regarding lawyer participation in mediation. Lawyers may act as mediators or represent parties in mediation proceedings. Professional conduct rules require lawyers to advise clients on alternative dispute resolution options including mediation where appropriate. The Macau Lawyers Association provides training and accreditation in mediation skills. Lawyers must maintain professional standards when participating in mediation processes, including duties of confidentiality and impartiality when acting as mediators. The Association promotes mediation as an effective dispute resolution mechanism.

Regional Dispute Patterns

Gaming and casino-related commercial disputes given Macau's gaming industry, Construction and real estate disputes in Macau's dense urban environment, Commercial disputes related to tourism and hospitality sectors, Family and matrimonial disputes with international elements, Contract disputes in cross border trade with mainland China and Hong Kong

Legal Framework

China's mediation framework is anchored by the People's Mediation Law, which establishes the legitimacy and voluntary nature of people's mediation, clarifies mediation procedures, and affirms that mediation agreements are legally binding. The Civil Procedure Law provides for mediation by people's courts, establishing mediation as a fundamental principle of civil litigation. The Supreme People's Court has issued provisions on civil mediation by people's courts and judicial confirmation procedures for people's mediation agreements. China signed the Singapore Convention on Mediation in 2019, which provides that certain international commercial settlement agreements may be directly enforceable in member countries. The 2024 Legislative Work Plan lists the Regulations on Commercial Mediation as a key legislative project. The Zhuhai Municipal People's Congress adopted the Commercial Mediation Regulation of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, effective January 1, 2025.

While China operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

Courts actively promote and facilitate mediation through various mechanisms. Judicial mediation is performed by judges, usually prior to trial, and in many cases a judge must first try to mediate a case. The Supreme People's Court launched a national online dispute resolution platform (www.fayuan.com) in 2017, with over 1,000 courts and 12,000 mediation organisations joining within one year. Courts can refer cases to mediation organisations and confirm mediation agreements through judicial confirmation, granting them the same legal force and enforceability as court judgments. The judiciary has experienced unprecedented growth in caseloads (67% increase from 2019 to 2024, from 28.7 million to 48 million cases), creating pressure to promote mediation as a way to resolve disputes efficiently.

Mediator Regulations

China has approximately 4 million people's mediators, far more than the number of judges or lawyers. However, almost none have received professional training historically. People's Mediation Committees are usually underfunded, with most mediators either poorly paid or entirely voluntary, and almost all are part-time. Recent reforms focus on professionalization, with more resources being used to train and educate mediators. Professional mediation organisations have emerged in insurance, securities, intellectual property, and other sectors, and China has begun to see its first full-time mediators. New regulations on commercial mediation establish standards for mediators and mediation organisations, requiring mediators to possess professional qualifications. The Central Chinese Government is pushing for greater professionalization and institutionalization of mediation.

Cultural Approach

Mediation in China has deep cultural roots in Confucian ethics, where mediators traditionally persuaded parties to reflect on their mistakes, give up their interests, and compromise to settle disputes. Making the dispute disappear for the betterment of the group was more important than individual desires and rights. As China pushes toward Rule of Law and provides more rights to citizens, modern mediation is evolving to focus more on party rights than overall group harmony. The cultural emphasis on harmony and face-saving remains strong. Chinese mediation style is typically more interventionist, with mediators actively guiding parties toward settlement. The vast network of People's Mediation Committees at the grassroots level reflects the cultural preference for community-based dispute resolution.

Typical Costs

People's mediation conducted through People's Mediation Committees is typically low-cost or free, as mediators are often volunteers or poorly paid. Court-annexed judicial mediation is generally included in court proceedings. Commercial mediation centres charge fees based on dispute value and complexity. The WIPO Centre offers reduced administration and mediator fees for cases referred by courts in China. Professional mediation organisations in sectors like insurance, securities, and intellectual property have their own fee structures. The cost savings compared to litigation are significant, with mediation typically resolving disputes in weeks rather than months. The judicial confirmation mechanism for mediation agreements provides enforceability without additional court proceedings.