There are two main ways of mediation:
First, the people's mediation committee may apply for mediation to the people's mediation committee where the parties to the dispute are located or where the dispute occurs.
The second is administrative mediation. Mainly refers to the administrative department for Industry and Commerce to mediate disputes between the parties to a contract. Disputes applying for administrative mediation must meet the following conditions: the applicant must be a party directly interested in the case, with a clear respondent, a specific mediation request and factual basis; Comply with the provisions of the scope of cases accepted by the administrative department for industry and commerce. However, a lawsuit has been filed in a people's court or an arbitration institution has been applied for arbitration. And if one party requests mediation and the other party does not agree to mediation, the mediation application will not be accepted. If both parties accept mediation and reach an agreement, a mediation agreement shall be made, and both parties shall perform their respective obligations in accordance with the mediation agreement. Because the mediation agreement is not legally binding, if one party fails to perform it, the other party cannot request the people's court to enforce it, but can solve the dispute through other means.
Legal basis: People's Republic of China (PRC) People's Mediation Law.
Article 2 The people's mediation mentioned in this Law refers to the activities of the people's mediation committee to persuade the parties to reach a mediation agreement voluntarily on the basis of equal consultation, so as to solve civil disputes.
Article 3 The people's mediation committee shall follow the following principles in mediating civil disputes:
(1) conducting mediation on the basis of voluntariness and equality of the parties;
(2) Not violating laws, regulations and national policies;
(three) respect the rights of the parties, and shall not prevent the parties from safeguarding their rights through arbitration, administration, justice and other means according to law because of mediation.
Article 4 The People's Mediation Committee mediates civil disputes free of charge.
Article 5 The judicial administrative department of the State Council shall be responsible for guiding the people's mediation work throughout the country, and the judicial administrative department of the local people's government at or above the county level shall be responsible for guiding the people's mediation work in its own administrative area.
The basic people's courts provide professional guidance to the people's mediation committees in mediating civil disputes.