Court mediation (法院调解) is a mandatory step in Chinese divorce litigation. Under Article 1079 of the PRC Civil Code, a people's court hearing a divorce case must first attempt mediation. Mediation may lead to reconciliation, in which case the plaintiff withdraws, or to an agreed divorce, in which case the court issues a mediation document (调解书) setting out the divorce, custody, support and property terms. Once both parties sign for it, the mediation document is legally binding and enforceable like a judgment, and generally cannot be appealed.
Why it matters
Most divorce cases in China end through mediation rather than a contested judgment. A mediated outcome is often faster and gives both sides more control over the result, including creative arrangements for children and property that a judge might not order. Many courts also use pre-filing or court-annexed mediation. For international clients, a mediation document can be an efficient way to resolve everything in one step, although its recognition abroad should be checked in advance. Mediation is not negotiation without rules: judges often indicate how they see the case, which helps set realistic expectations.
How it works in practice
A Spanish mother and Chinese father in Shenzhen disagreed about the house and school fees. At the mediation session, the judge explained how the court would likely view the evidence. The parents agreed that the father would keep the flat and pay the mother her share in two instalments, that the child would live with the mother, and that both would share international school fees. The court issued a mediation document the same day.
Common mistakes
- Agreeing under time pressure without checking figures and tax consequences
- Assuming a mediation document can be appealed later if you change your mind
- Ignoring how the document will be used abroad, such as translation and recognition
- Refusing mediation outright, which can prolong the case
- Leaving practical details such as transfer dates and handovers undefined