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China Legal Guides · National framework

Family Mediation and Settlement in China

A practical guide to negotiation, people’s mediation, court mediation, divorce agreements, enforceability, safety screening and settlement implementation in China.

Updated11 Sep 2026
AudienceForeign businesses & individuals
Author China Legal Portal Editorial · Reviewer Wei Chen; Haibo Tang · Last reviewed · 2 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

At a glance

Workflow in this guide

Section sequence for this topic.

  1. Choose the mediation setting
  2. Define what may be settled
  3. Disclosure and valuation
  4. Draft for legal effect
  5. Children and safety
  6. Checklist
Legal planning desk with source documents, authority records and evidence file
Working file · authority, workflow and evidence

Family settlement can reduce conflict, but the correct process depends on safety, bargaining capacity, children, property, debts and whether a court case already exists. Screen first for violence, coercion, hidden assets, urgent child risk and preservation needs. Mediation must be voluntary and must not become a reason to delay protective action or a filing deadline.

Preserve civil-status, identity, court and administrative documents, dated communications, financial records and proof of service. Protect children’s and health information, and calculate limitation, annulment, reconsideration and appeal periods independently.

Subject to editorial and legal review. Family cases are fact-sensitive. Safety, child protection, capacity and urgent preservation require immediate case-specific assessment.

Choose the mediation setting

Direct negotiation, lawyer-assisted settlement, people’s mediation and court mediation have different roles and legal effects. Identify confidentiality, neutrality, records, remote participation, support persons and whether separate sessions are required.

Define what may be settled

List relationship status, children, support, property, debts, housing, business interests, tax, cross-border assets and implementation steps. Parties cannot privately displace mandatory rules or compromise a child’s interests without scrutiny.

Disclosure and valuation

Use schedules for assets, liabilities, income and evidence, with searches and valuation where needed. Record assumptions and remedies for omitted property. Apparent agreement without informed disclosure is fragile.

Draft for legal effect

Distinguish a divorce agreement submitted for registered divorce, a private settlement, a people’s mediation agreement and a court mediation statement. Specify conditions, dates, payment security, transfers, cooperation, default and dispute handling. Obtain judicial confirmation where the People’s Mediation Law permits and it adds enforceability.

Children and safety

Use the best interests of the child, practical care arrangements and enforceable communication terms. Mediation may be inappropriate or require safeguards where violence, intimidation, abduction risk or a severe power imbalance exists.

Checklist

  • Safety and urgency screen.
  • Forum and legal-effect map.
  • Financial disclosure and valuation.
  • Child-focused parenting terms.
  • Transfer, payment and security mechanics.
  • Approval, registration and enforcement steps.

Official sources

Law checked: September 11, 2026. Official Chinese texts, case-specific evidence and local procedure control.

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Sources & trust

How to use this guide

Primary sources for this page (editorial source-check 2026-09-19): PRC Civil Code. Confirm current rules with qualified counsel. This page is not legal advice. Official primary-source links already on this page: National People’s Congress: People’s Mediation Law — https://fgw.sh.gov.cn/cmsres/b6/b63f1168292b485bb2cf7566cb7bec64/e8515876c1037b005769d58a075f1b59.pdf; Supreme People’s Court: Civil Code — https://www.court.gov.cn/zixun/xiangqing/233181.html; Supreme People’s Court: Marriage and Family Interpretation II — https://www.court.gov.cn/zixun/xiangqing/452771.html.

Editorial, AI and verification policies

This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.

Review the Editorial Policy, AI Content Policy, and Lawyer Verification Policy.

Consultation preparation

Preparation is in this guide

Use the preparation section above before contacting counsel. It is specific to this topic.

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