Mediation: the step that comes before a divorce lawsuit

Divorce by Mediation Matters We Handle

1. Mandatory Prior Mediation — You must apply for mediation before a divorce lawsuitFor Class Na and Class Da family litigation cases, such as judicial divorce, and Class Ma family non-contentious cases, you must apply for mediation before filing a lawsuit or petition. Even if you file a lawsuit without mediation, the court refers the case to mediation.Covers judicial divorce, compensation for non-economic damages, property division, custody and parental authority cases, etc. · If a lawsuit is filed without mediation, the court refers it to mediation · Exceptions, such as when the other spouse's whereabouts are unknown, are decided by the court · Submit evidence of the grounds for divorce with the mediation application · Related claims can be included in the same mediation application
2. Mediation Procedure — Both spouses attend the mediation sessionMediation takes place before a mediation committee or a mediation judge. The committee considers not only the parties' interests but also the interests of others concerned, and works out and persuades the parties toward a peaceful solution to the dispute.Notice of the session is sent after the mediation application is filed · Mediators hear both sides and propose a mediation plan · If there are minor children, the children's welfare is the first priority · Pre-trial dispositions can be requested if necessary · If agreement is reached, a mediation protocol is prepared
3. Successful Mediation and Its Effect — A mediation protocol has the same effect as a judicial settlementMediation is concluded when the matters agreed between the parties are recorded in a protocol, and it has the same effect as a judicial settlement. A protocol setting monetary obligations, such as child support, serves as the basis for enforcement.Concluded by recording the agreement in the protocol · Same effect as a judicial settlement · Divorce, compensation for non-economic damages, property division, and custody can all be resolved at once · A final decision in lieu of mediation has the same effect · If not complied with, orders for implementation and compulsory enforcement are available
4. When Mediation Fails — The case moves on to a divorce lawsuitIf mediation fails, the case moves on to judicial divorce proceedings. The materials and arguments presented in mediation form the basis of the later lawsuit, so even at the mediation stage you should organize your evidence and check the relief you are seeking in advance.If mediation fails, a judicial divorce lawsuit proceeds · Arguments made in mediation remain issues in the lawsuit · Preparatory hearings and family investigation follow · Check the deadline for objecting to a decision in lieu of mediation · Compensation for non-economic damages and property division claims are joined when the case moves to litigation

1. Mandatory Prior Mediation and Its Exceptions

A person who wishes to file a lawsuit or petition with the family court in a Class Na or Class Da family litigation case or a Class Ma family non-contentious case must first apply for mediation (Article 50(1) of the Family Litigation Act). Judicial divorce (Class Na), compensation for non-economic damages claims arising from divorce (Class Da), and property division, custody, visitation, and designation of the person with parental authority (Class Ma) all fall into this group (Article 2(1) of the Family Litigation Act).

If a lawsuit or petition is filed without applying for mediation, the family court must refer the case to mediation. However, it does not do so where the parties cannot be summoned except by service by public notice, or where it finds that mediation could not succeed even if referred (Article 50(2)). The Judicial Conciliation of Civil Disputes Act applies mutatis mutandis to family mediation (Article 49 of the Family Litigation Act).

2. From Application to Agreement

Class Na, Class Da, and Class Ma family case claims related to the claim being mediated can be joined in a single mediation application (Article 57(1) of the Family Litigation Act). It is common to bring compensation for non-economic damages, property division, designation of the person with parental authority and custodial parent, and child support to mediation together with the divorce claim.

The mediation committee must consider not only the parties' interests but also the interests of everyone affected by the mediation, and must work out a peaceful and final solution to the dispute and persuade the parties. Matters directly concerning the interests of minor children, such as designating or changing the person who will exercise parental authority and deciding how the children will be raised, are mediated with the children's welfare as the first priority (Article 58 of the Family Litigation Act).

3. Effect of the Mediation Protocol and Securing Compliance

Mediation is concluded by recording the matters agreed between the parties in a protocol, and a mediation or a final decision in lieu of mediation has the same effect as a judicial settlement. However, this effect does not extend to matters the parties cannot freely dispose of (Article 59 of the Family Litigation Act).

• Effect on divorce: Once mediation is concluded, it has the same effect as a judicial settlement, so you do not need separate court confirmation as in a divorce by agreement. For how and when to report the divorce, check the guidance of the family court and the registration office after you receive the mediation protocol.
• Monetary obligations: A protocol setting compensation for non-economic damages, property division payments, or child support can be enforced compulsorily if not complied with.
• Orders for implementation: If a party fails without justifiable reason to perform an obligation set in the mediation protocol, the family court may order performance within a set period at the other party's request (Article 64(1) of the Family Litigation Act).
• Pre-trial dispositions: Even after a mediation application, the family court, mediation committee, or mediation judge may order dispositions such as a prohibition on changing the status quo, preservation of property, or arrangements for custody, but these are not enforceable (Article 62 of the Family Litigation Act).

4. When Mediation Fails, and Practical Issues

If mediation fails, the case moves on to litigation. Arguments and evidence submitted in mediation remain issues in the lawsuit, so do not treat mediation lightly; organize the grounds for divorce and property records in advance.

• Where the grounds for divorce are disputed: If the other spouse refuses divorce itself, you must prove grounds for judicial divorce (Article 840 of the Civil Act).
• Property division: To determine the property to be divided and each spouse's contribution, asset disclosure orders and fact inquiries are often needed.
• Custody: Deciding the custodial parent, child support, and visitation arrangements together reduces disputes after mediation.
• Specific terms: Payment deadlines, methods of performance, and what happens in case of delay must be stated clearly in writing for the protocol to be enforceable.

5. Documents and Checklist Before Mediation

The mediation application states the relief sought, the grounds for divorce, and related claims (compensation for non-economic damages, property division, custody matters). The following documents are usually needed as well.

• Mediation application (stating the relief sought, such as divorce, compensation for non-economic damages, property division, and parental authority and custody)
• Each spouse's marriage relationship certificate, family relationship certificate, and basic certificate
• Each spouse's resident registration certificate (full or abridged)
• If there are minor children, the children's basic certificates and family relationship certificates
• Materials showing the grounds for divorce and the property situation (conversations, medical certificates, real estate registration certificates, financial transaction records, etc.)

Before mediation, it helps to decide the following in advance. First, distinguish whether you have agreed to divorce itself, or whether your position is that you will divorce once the terms are settled. Second, for property division, prepare a table listing the property to be divided, its value, and debts. Third, for custody, decide specifically on the custodial parent, the level of child support, and the frequency and method of visitation. Fourth, if agreement fails the case goes straight to litigation, so organize your evidence at the mediation stage.

If there is a risk that the other spouse will dispose of property, use pre-trial dispositions even after applying for mediation, and also consider separate measures such as revocation of fraudulent acts to preserve the right to property division (Article 839-3 of the Civil Act). Because pre-trial dispositions are not enforceable, also consider the sanctions for non-compliance (the matters notified under Article 67(1) of the Family Litigation Act) and separate preservation measures.

Key Court Decisions

Supreme Court en banc Decision 2013Meu568, decided September 15, 2015

Held that a divorce claim by the at-fault spouse is in principle not allowed, but may be allowed by exception where there are special circumstances in which the fault no longer weighs enough to bar the claim, such as where the other spouse also has no intention of continuing the marriage.

Frequently Asked Questions

Divorce & Adultery Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026