Mediation In
Suzhou, Taiwan

State Laws

Taiwan operates under a separate legal system from mainland China. Taiwan does not follow the mainland People's Mediation Law. Instead, Taiwan has its own legal framework for mediation governed by the Mediation Law of the Republic of China (Taiwan), originally enacted in 1955 and subsequently amended. The law provides a statutory framework for mediation conducted by mediation committees established under courts. Taiwan's mediation system reflects its civil law tradition and separate legal development from mainland China. The mediation process is court annexed, with mediation committees operating under the jurisdiction of district courts.

Licensing Requirements

Taiwan does not have a mandatory government licensing scheme for mediators. Mediators serving on court annexed mediation committees are typically appointed by courts based on their professional qualifications, moral character, and mediation skills. Many mediators are lawyers, but professionals from other fields may also serve. The Taiwan Bar Association regulates lawyers who may act as mediators. Professional mediators may obtain training and certification from professional bodies or academic institutions. There is no mandatory government licensing system for mediators, but court appointed mediators must meet court standards for appointment. Lawyers are regulated by the Taiwan Bar Association and must meet professional standards when participating in mediation.

Local Court Systems

Taiwan has a separate court system from mainland China, consisting of the Supreme Court, High Courts, and District Courts. Each District Court establishes mediation committees to handle civil disputes within its jurisdiction. The mediation process is court annexed, meaning mediation committees operate under the authority of district courts. Taiwan has district courts in major cities and counties including Taipei, New Taipei, Taoyuan, Taichung, Tainan, and Kaohsiung. Courts are staffed by judges trained in Taiwan's civil law system. The Supreme Court provides guidance on mediation practices nationwide.

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.