Key Points
- Divorce, compensation for non-economic damages, property division (officially “division of property”), and child-rearing cases that fall under Categories Na, Da, and Ma go to mediation first, and even if you file a complaint first, the court refers the case to mediation (Article 50 of the Family Litigation Act).
- Once the agreement is entered in the record, mediation is concluded and has the same effect as a judicial compromise, except for matters the parties cannot freely dispose of (Article 59).
- If no agreement is reached, the judge may issue a decision in lieu of mediation, which becomes final if no objection is filed within two weeks of the date the original copy of the record is served (Articles 30 and 34 of the Judicial Conciliation of Civil Disputes Act).
- Failing to appear at a mediation hearing without a justifiable reason can result in an administrative fine of up to KRW 500,000 or being brought to court by compulsion (Article 66 of the Family Litigation Act).
Cases that must go to mediation first, and the exceptions
The Family Litigation Act classifies family cases into several categories, from Category Ga through Category Ma. Among them, Category Na cases such as judicial divorce and denial of paternity, Category Da cases such as divorce compensation for non-economic damages, and Category Ma cases such as division of inherited property, designation of the holder of parental authority, child rearing, and property division must go through mediation before a judgment or ruling (Articles 50(1) and 2 of the Family Litigation Act). Even if you file a complaint directly without applying for mediation, the court refers the case to mediation. Exceptionally, if there is no way to summon the other party except by service by public notice, or if mediation appears to have no chance of success, the case proceeds directly to trial (paragraph (2) of the same Article).
Mediation is sometimes conducted by a judge alone, and sometimes by a mediation committee made up of a judge and civilian mediators. Procedural matters not separately provided for in the Family Litigation Act follow the Judicial Conciliation of Civil Disputes Act (Article 49 of the Family Litigation Act). At the hearing, the mediators usually hear each side's position separately, narrow the issues in dispute, and then present a mediation proposal based on the results.
Claims that can be handled together in mediation
- Family claims linked to the divorce · Category Na, Da, and Ma claims related to the divorce can be combined into one application for mediation (Article 57(1)).
- Civil claims linked to the divorce · If the dispute needs to be resolved all at once, related civil claims can also be handled together with the permission of the mediation committee or the mediating judge (paragraph (2) of the same Article).
- Issues concerning minor children · Matters that directly affect the child's interests, such as who will hold parental authority and how the child will be raised, are mediated with the child's welfare as the first consideration (Article 58(2)).
Claims not included in the application for mediation must be pursued in separate proceedings, so check when applying that no claims have been left out. If you agree only on the divorce itself first and postpone property matters, you must separately track the deadline for a property division claim, which is two years after the divorce (Article 839-2(3) of the Civil Act).
Four ways mediation can end
| Outcome | When it applies | Legal effect and what follows |
|---|---|---|
| Mediation concluded | The agreed terms are entered in the record | Same effect as a judicial compromise (Article 59(2) of the Family Litigation Act) |
| Mediation failed | Mediation ends with neither an agreement nor a decision | The case moves to litigation or ruling proceedings |
| Decision in lieu of mediation | When no agreement is reached or the agreed terms are inappropriate, the judge sets a fair solution | If no objection is filed within two weeks of service of the original copy of the record, it has the same effect as a judicial compromise (Articles 30 and 34 of the Judicial Conciliation of Civil Disputes Act) |
| Objection | When a party disagrees with the decision | The two weeks is a peremptory period, and an objection leads to litigation |
Having the same effect as a judicial compromise means that the terms become practically difficult to dispute again. If a final decision or mediation record states compensation for non-economic damages, a property division award, or child support, you can pursue compulsory enforcement if the other party does not keep the promise, and you can also ask the family court for a order for implementation (Article 64 of the Family Litigation Act). Therefore, from the mediation stage onward, clearly write down what is needed for enforcement, such as amounts, payment dates, the receiving account, and how late payments will be handled.
Attending hearings and preparing in advance
As a rule, the parties themselves must attend mediation hearings in person. If you are summoned by the court and do not appear without a justifiable reason, you may be fined up to KRW 500,000 or brought to court by compulsion (Article 66 of the Family Litigation Act). Even while mediation is under way, you can apply for a prior disposition if there is a risk that property will be disposed of or if handover of a child is urgent (Article 62; Prior Disposition Guide).
Concessions you make in mediation can be used by the other party to support their arguments even after the case moves to litigation. Before mediation, DAEON Law Firm recommends organizing the evidence supporting the grounds for divorce, a list of assets and the value of each, and a plan for raising the children, and deciding in advance the limits of what you can concede. Agreeing on the child support amount and the frequency and method of visitation in detail can also reduce disputes after mediation ends.
Cases where mediation is not a good fit
If you have suffered violence from the other party, or simply sitting face to face carries a risk, inform the court of the situation and ask it to change how the hearing is conducted, or consider victim protection procedures first (Domestic Violence and Victim Protection Orders). If you suspect the other party is hiding assets, it is advantageous to secure information first through an application for asset disclosure or asset inquiry, even at the mediation stage, before negotiating (Articles 48-2 and 48-3 of the Family Litigation Act).
Frequently Asked Questions
What can I do if I cannot accept the judge's decision in lieu of mediation?
What happens if the other party does not show up at any mediation hearing?
Can compensation for non-economic damages and property division also be decided in divorce mediation?
If the divorce is achieved through mediation, do I still need to report it?
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Read more →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
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