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methods prescribed in this section, the document shall be served by public announcement. Sixty days after the date of the public announcement, the document shall be deemed to have been served.
The reasons for service by public announcement and the procedures taken shall be recorded in the case files.
Chapter 8 Mediation
Article 85 In handling civil cases, the people’s court may distinguish between right and wrong and mediate disputes according to the principle of parties’ voluntariness and based on clear facts.
Article 86 When a people’s court conducts mediation, a single judge or a collegial bench may preside in the mediation. Mediations shall be conducted locally whenever possible.
When a people’s court conducts mediation, it may employ simplified methods to notify the parties and witnesses to appear in court.
Article 87 When a people’s court conducts mediation, it may request assistance from relevant units or individuals. The invited units or individuals shall assist the people’s court in mediation.
Article 88 A mediation agreement must be based on voluntariness of both parties, and shall not be reached through compulsion. The content of the mediation agreement may not contravene the law.
Article 89 When a mediation agreement is reached, the people’s court shall draw up a written mediation agreement. A mediation agreement shall clearly set forth the claims of the action, the facts about the case, and the result of the mediation.
The mediation statement shall be signed by the judge and the court clerk, sealed by the people’s court, and served on both parties.
Once the mediation agreement is signed and exchanged by both parties, it shall become legally binding.
Article 90 The people’s court need not draw up a mediation agreement for the following cases when an agreement is reached through mediation:
(1)Divorce cases in which both parties have become reconciled after mediation;
(2)Adoption cases in which adoptive relationship has been retained through mediation;
(3)Cases in which the claims can be immediately satisfied; and
(4)Other cases that do not require mediation statements.
Any agreement that does not require a mediation agreement shall be entered into the transcript and become legally effective after the transcript is signed or sealed by both parties, the judge, and the court clerk.
Article 91If no agreement is reached through mediation or if one party retracts his reconciliation before the mediation agreement is served, the people’s court shall render a judgment without delay.