On January 6, the State Council issued a document stating that the Regulations on Commercial Mediation had been adopted by the 75th Standing Meeting of the State Council on December 19, 2025, and were hereby promulgated for implementation as of May 1, 2026.
these Regulations refers to an organization established in accordance with the provisions of these Regulations that does not carry out commercial mediation activities for profit. Article
3 The development of the commercial mediation industry shall implement the Party's and the state's line, policy, decision-making and deployment, adhere to the purpose of serving the people, and serve the country's high-quality development and high-level opening to the outside world. Article
4 The judicial administrative department of the State Council shall be responsible for guiding and standardizing the national commercial mediation work and making overall plans for the development of the commercial mediation industry. The judicial administrative departments of the local people's governments at or above the
county level shall be responsible for guiding and standardizing the commercial mediation work within their respective administrative areas, and strengthening the supervision and management of the commercial mediation activities carried out by the commercial mediation organizations. Article
5 Self-discipline organizations of the commercial mediation industry shall carry out industry self-discipline in accordance with laws, regulations and articles of association, and accept the guidance and supervision of the judicial administrative departments. Article
6 The State shall foster commercial mediation organizations with international influence and enhance their international competitiveness.
Judicial administrative departments, in conjunction with relevant departments, should strengthen the publicity of commercial mediation and promote the use of mediation to resolve commercial disputes. Conditional regions and departments are
encouraged to support the development of commercial mediation industry in terms of talents, information, technology and funds in light of the actual situation in the region and the field. Article
7 The State shall improve the linking mechanism between commercial mediation and litigation, arbitration, notarization and other systems, and smooth the way to resolve commercial disputes. Article
8 To establish a commercial mediation organization, the following conditions shall be met:
(1) The promoter shall be a non-profit legal person;
(2) There shall be a standard name containing the words "commercial mediation";
(3) There shall be its own domicile and articles of association;
(4) Having assets of more than 300,000 yuan;
(5) Having more than five commercial mediators and an appropriate number of full-time staff. Article
9 For the establishment of a commercial mediation organization, an application shall be submitted to the judicial administrative department of the municipal people's government with districts where it is located, and an application for establishment and relevant materials shall be submitted. The applicant shall be responsible for the authenticity of the application materials. The department
accepting the application shall examine it within 20 working days from the date of acceptance, and submit the preliminary examination opinions and all the application materials to the judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, within 20 working days from the date of receipt of the materials submitted, examine them and make a decision on whether to approve their establishment. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the person in charge of the department, and the applicant shall be informed of the reasons for the extension. If the establishment is approved, a practice certificate shall be issued to the applicant; if the establishment is not approved, the reasons shall be explained to the applicant in writing. Article
10 Where a commercial mediation organization changes its name, domicile, articles of association and other matters, it shall go through the formalities for the change of its practice certificate according to law. Where a
commercial mediation organization is under any of the following circumstances, it shall go through the formalities for the cancellation of its practice certificate according to law:
(1) It is unable to maintain the conditions for establishment as prescribed in these Regulations, and still fails to meet the conditions after rectification within a time limit;
(2) It terminates its commercial mediation business activities;
(Three) other circumstances that should be cancelled by laws and administrative regulations. Article
11 The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall compile a roster of commercial mediation organizations within their respective administrative areas and publish it to the public. Article
12 Commercial mediators appointed by commercial mediation organizations shall be fair and upright and have good professional qualities. A commercial mediator shall meet one of the following conditions:
(1) having obtained the legal professional qualification through the national unified legal professional qualification examination and having been engaged in mediation work for at least three years;
(2) having been engaged in lawyer, arbitration, or notary work for at least three years or having been a judge or prosecutor for at least three years;
(3) Having the relevant professional knowledge of law, economics, science and technology, engaging in the professional work of law, economics and trade, and having an intermediate or higher professional title or the equivalent professional level;
(4) Having been engaged in commercial mediation for at least three years prior to the implementation of these Regulations, and having a bachelor's degree or above. Where a
public official concurrently serves as a commercial mediator, he shall abide by laws, administrative regulations and relevant provisions of the state.
Commercial mediation organizations may appoint commercial mediators from foreigners with professional influence and credibility, and file with the judicial administrative departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where they are located in accordance with the provisions of the judicial administrative departments of the State Council. Article
13 Commercial mediation organizations shall establish internal management systems such as business management, conflict of interest review and complaint handling. The articles of association, roster of commercial mediators, mediation rules and information on the establishment, alteration and cancellation of
commercial mediation organizations shall be made public to the public in a timely manner. Article
14 Commercial mediation activities shall follow the principles of voluntariness, legality, good faith and confidentiality. Article
15 Where a commercial dispute arises, the parties may apply to a commercial mediation organization for mediation. If one party explicitly refuses to mediate, it shall not mediate.
The parties may jointly select commercial mediators from the roster of commercial mediators of commercial mediation organizations for mediation, or the parties may jointly entrust commercial mediation organizations to recommend commercial mediators for mediation. The
sixteenth commercial mediation organizations may collect commercial mediation fees.
Commercial mediation organizations shall formulate standards for commercial mediation fees in accordance with the principles of fairness and reasonableness and make them public to the public. Article
17 Commercial mediators shall carry out mediation activities in accordance with laws and regulations, and may apply industry rules, business practices, trading habits, etc. In the process of mediation,
commercial mediators shall remain neutral, be diligent and responsible, abide by professional ethics and codes of conduct, and shall not collude with the parties to conduct false mediation activities. Article
18 Commercial mediation organizations are encouraged to use artificial intelligence, big data and other technical means to improve the quality and efficiency of commercial mediation.
Commercial mediators who negotiate with the parties to mediate online have the same legal effect as offline mediation activities. Article
19 Commercial mediation shall not be conducted in public. If the parties agree to do so, it may be done in public, except that it involves state secrets, business secrets of others or personal privacy.
Commercial mediation organizations and commercial mediators shall have the obligation to keep confidential the information they know in the course of mediation, except that the parties have agreed in writing to disclose it or that there are other circumstances that should be disclosed according to law. Article
20 Where a commercial mediator has an interest in a disputed matter, or there are other circumstances that may cause the parties to have reasonable doubts about its neutrality and impartiality, the commercial mediator shall promptly disclose to the parties and withdraw from the mediation. If both parties agree to continue mediation by the commercial mediator, they shall agree in writing.
In litigation or arbitration related to disputed matters, commercial mediators shall withdraw if they should withdraw according to law. Article
21 If no agreement can be reached through commercial mediation, the parties do not agree to continue mediation, or there are circumstances in which the parties intend to use mediation to achieve illegal purposes, the mediation shall be terminated.Article
22 Where an agreement is reached through commercial mediation, unless otherwise agreed by the parties, a commercial mediation agreement shall be made, which shall specify the main facts, matters in dispute, the main contents of the agreement reached by the parties, the mode of performance and the time limit. The commercial mediator shall sign the commercial mediation agreement and affix the seal of the commercial mediation organization. The content of a
commercial mediation agreement shall not harm the interests of the state, the public and the legitimate rights and interests of others, violate the mandatory provisions of laws and administrative regulations, or violate public order and good customs.
The commercial mediation agreement is legally binding and the parties shall perform it. Article
23 The parties may apply for judicial confirmation of the commercial mediation agreement, which shall be handled in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China. If a
commercial mediation agreement involves enforcement outside the territory of the People's Republic of China, the parties may apply to the competent foreign authorities with jurisdiction for enforcement in accordance with relevant international treaties. The
twenty-fourth is to support commercial mediation organizations to set up business institutions abroad and carry out commercial mediation activities.
According to the needs of economic and social development and reform and opening up, foreign commercial mediation organizations may be allowed to set up business organizations in free trade pilot zones approved by the State Council and Hainan free trade port in accordance with the relevant provisions of the State to carry out foreign-related commercial mediation activities.
In the free trade pilot area, Hainan free trade port and other regions, the relevant local authorities may pilot the establishment of relevant systems for commercial mediators to independently carry out foreign-related commercial mediation activities. Article
25 Commercial mediation organizations and self-regulatory organizations of the commercial mediation industry are encouraged to conduct exchanges and cooperation with overseas commercial mediation organizations and international organizations, actively participate in the formulation of international commercial mediation rules, and strengthen the training of international commercial mediation personnel. Self-discipline organizations and commercial mediation organizations in the
commercial mediation industry shall organize and carry out training for commercial mediators in accordance with relevant provisions.
The national self-regulatory organization of the commercial mediation industry is responsible for promoting international mutual recognition of the competence level of commercial mediators. Article
26 Support the convergence and mechanism docking of commercial mediation rules in Guangdong-Hong Kong-Macao Greater Bay Area, and promote the coordinated development of commercial mediation in Guangdong-Hong Kong-Macao Greater Bay Area. Article
27 The judicial administrative departments of the local people's governments at or above the county level shall supervise and administer the commercial mediation activities carried out by commercial mediation organizations, and may take such measures as on-site inspection, access to and duplication of relevant materials, investigation of relevant situations, and interviews with relevant personnel. Article
28 Where a commercial mediation activity as prescribed in these Regulations is carried out in the name of a commercial mediation organization without the approval of the judicial administrative department, the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government or a city divided into districts shall order it to make corrections and impose a fine of not less than 100,000 yuan but not more than 300,000 yuan; if there is any illegal income, the illegal income shall be confiscated. Article
29 Where a commercial mediation organization fails to go through the formalities of alteration and cancellation and disclose relevant information in accordance with the provisions of these Regulations, the judicial administrative department of the people's government at or above the county level shall order it to make corrections and give a warning; if it refuses to make corrections, it shall be ordered to suspend business for rectification and may also be fined not less than 10000 yuan but not more than 50000 yuan. Where a
commercial mediation organization carries out business in violation of the provisions of these Regulations or contracts business by improper means, the judicial administrative department of the people's government at or above the county level shall order it to make corrections, give warnings and impose a fine of not less than 50000 yuan but not more than 100000 yuan; If the circumstances are serious, the practice certificate shall be revoked according to law, and a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be imposed, and the person in charge shall be given a warning, and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed; if there is any illegal income, the illegal income shall be confiscated. Article
30 If a commercial mediator fails to fulfill his duty of confidentiality and causes serious consequences, or colludes with the parties to conduct false mediation activities, which damages the interests of the state, the public and the legitimate rights and interests of others, the judici al administrative department of the people's government at or above the county level shall order him to make corrections, give warnings and impose a fine of not less than 10000 yuan but not more than 100000 yuan; If the circumstances are serious, it shall be ordered to suspend its commercial mediation business for not less than one year but not more than three years, and its illegal gains, if any, shall be confiscated. Article
31 The judicial administrative department of the State Council shall formulate specific measures for the administration of commercial mediation organizations in accordance with these Regulations. Where an organization engaged in commercial mediation established before the implementation of
these Regulations continues to carry out commercial mediation activities, it shall, within one year from the date of the implementation of these Regulations, go through the formalities for practice in accordance with the provisions of these Regulations. Article
32 These Regulations shall not apply to public welfare mediation activities carried out by trade associations and chambers of commerce. Article
33 These Regulations shall come into force as of May 1, 2026.
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