[Direct answer]Yes, but attention should be paid to the differences in legal effect. There are usually three mediation paths for inheritance disputes: first, the heirs reach a written agreement through self-negotiation; second, they reach a mediation agreement through the people's mediation committee or the court's pre-litigation mediation procedure; third, they conclude the case through mediation presided over by the court during the litigation process. Among them, the ordinary mediation agreement reached through self-negotiation generally only has contractual effect. If one party changes his/her mind, he/she needs to file a lawsuit separately, and it does not have direct enforceability. However, the mediation agreement made by the court has the same legal effect as the judgment and can be directly applied for enforcement. The agreement reached through mediation by the people's mediation committee can be applied for judicial confirmation in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024). After confirmation, it can also be applied for enforcement. For the transfer of real estate, the registration authority usually requires the submission of effective legal documents or notarized documents. According to Article 112 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), the heirs shall handle the inheritance issues through consultation in the spirit of mutual understanding and harmony.Inheritance of property and division of family assetsThe column provides an explanation of the processing path for similar cases.

1. Problem background and typical scenarios

There are four common situations: First, the heirs have little disagreement over the distribution plan, but lack a written confirmation form; Second, there are obvious disagreements, but both parties hope to avoid irreversible damage to the kinship relationship caused by litigation; Third, some heirs claim that there were internal family arrangements many years ago, such as oral agreements at family meetings or housing distribution plans; Fourth, it involves heirs who do not cooperate in attending the proceedings, resulting in the inability to handle the notarization. When handling similar cases in the Beijing area, the court usually organizes pre-litigation or pre-trial mediation in the process of handling family cases. If the mediation is successful, a mediation agreement will be issued; if the mediation fails, the trial process will proceed. For family arrangements formed many years ago, the court generally requires a written document or sufficient evidence, as oral statements alone are difficult to be accepted.

II. Key points of contention

Focus I: The hierarchy of the effectiveness of mediation agreements. Ordinary agreements, people's mediation agreements, and court mediation documents play different roles in enforcement and transfer of ownership. Focus II: The probative force of oral family arrangements. Written evidence, audio recordings, or witness testimonies from participants are needed to corroborate each other. Focus III: The enforceability of mediation proposals. The shareholding ratio, discounted value, transfer timeframe, and payment methods must be clearly specified. Focus IV: Whether partial heirs can proceed without participating in mediation. This typically requires litigation to resolve. Focus V: The completeness of the heir list. Omitting heirs may lead to the overturning of the mediation outcome. Focus VI: Clarifying the multi-level inheritance relationships in the case of subrogated inheritance. Focus VII: Remedies for non-performance by a party after mediation. Specific handling shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the inheritance dispute represented by Attorney Xiong Binrong of our firm as an example, we can see the gap between verbal arrangements within the family and written confirmations: Li * and Zhou * were married and had three sons, Li 1, Li 2, and Li 3. Zhou * died in July 2017, Li 2 died in September 2017, and Li * died in July 2022. Li 2 and Xu * were once married and had a son, Li 4, but they divorced through court mediation in 1999. In 2010, Li 2 registered his marriage with Zhao *, but they did not have any children together. Two houses located at No. 405 and No. 606 in Xicheng District, Beijing, were registered under Li *'s name and were the couple's jointly owned property. Zhao *, as Li 2's spouse, claimed inheritance, which was opposed by Li 1, Li 3, and Li 4. Therefore, she entrusted Attorney Xiong Binrong to file a lawsuit. During the trial, some defendants claimed that there had been a family meeting in 2003 arranging for House No. 406 to be given to one of them and House No. 606 to Li 2, but the written materials were unsigned. Other defendants submitted written materials and audio recordings claiming that Zhao * had waived her inheritance rights. The lawyer pointed out that if an heir dies before the division of the estate and does not waive their inheritance rights, the inheritance should be transferred to their heirs. The two houses inherited by Li 2 were each 1/8 of the couple's jointly owned property, and 1/16 of them were Li 2's inheritance, which Zhao * was entitled to inherit. The materials submitted by the defendants could only prove the household registration situation, and the audio recordings were guided by others and Zhao * did not explicitly waive her inheritance rights, so it was not sufficient to determine that she had waived her inheritance rights. In the end, the court ruled that the two houses would be jointly inherited by Zhao * and the three defendants, with Zhao * occupying 4/48 and the three defendants each occupying 16/48, 17/48, and 11/48. The deposits under Li *'s name would be inherited by Li 3, who would fulfill his main duty of supporting his parents and pay the corresponding compensation. This case shows that if the arrangements within the family are not put into writing and confirmed by all parties, it will be difficult to obtain support once the case enters litigation. Similarly, mediation agreements also need to be put into written form to be enforceable. This case was handled by Beijing Henglu Law Firm. 以本所熊斌蓉律师代理的一起继承纠纷为例，可以看到家庭内部口头安排与书面确认之间的差距：李某与周某系夫妻，育有三子李1、李2、李3，周某于2017年7月去世，李2于2017年9月去世，李某于2022年7月去世。李2与徐某原系夫妻并育有一子李4，1999年经法院调解离婚；2010年李2与赵某登记结婚，婚后未生育。北京市西城区405号、606号两套房屋登记在李某名下，为李某与周某的夫妻共同财产。赵某作为李2的配偶主张继承，遭到李1、李3、李4反对，遂委托熊斌蓉律师起诉。审理中，部分被告主张2003年曾有家庭会议安排406号房屋归其中一人，606号房屋归李2，但该文字材料未签字；另有被告提交书面材料与录音，主张赵某已放弃继承。律师指出，继承开始后，继承人于遗产分割前死亡且未放弃继承的，其应当继承的遗产转给其继承人；李2继承的两套房屋各1/8为李2与赵某的夫妻共同财产，其中1/16为李2的遗产，赵某有权继承；被告提交的材料仅能证明户口情况，录音系他人引导且赵某未明确表示放弃，不足以认定放弃继承。法院最终判决两套房屋由赵某与三被告共同继承，赵某占4/48，三被告分别为16/48、17/48、11/48；李某名下存款由尽主要赡养义务的李3继承并支付相应折价款。本案提示，家庭内部的安排若未落到书面并有各方确认，一旦进入诉讼就很难获得支持，而调解方案同样需要落到书面文书才具有可操作性。本案由北京恒略律师事务所代理。Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, clarify the scope of heirs and the scope of the estate before mediation, and if necessary, first divide the jointly owned property; Second, the mediation plan must specify the ownership of each item of property, the discounted amount, the payment time and the transfer deadline, and stipulate the liability for breach of contract; Third, give priority to court mediation or pre-litigation mediation and apply for a mediation agreement, so as to apply for enforcement directly in the future; Fourth, if a people's mediation agreement is reached, the parties concerned may apply for judicial confirmation in a timely manner; Fifth, if the transfer of real estate is involved, confirm the required form of documents with the registration authority in advance, and refer to the specific materials for referenceReal estate transactions and construction projects1. The column; 2. Sixthly, for heirs who do not participate in mediation or cannot be contacted, the matter should be resolved through litigation to avoid omissions leading to the overturning of the result. 3. Legal basis: Articles 1122, 1127, 1130, 1132, and 1152 of the Civil Code of the People's Republic of China (all effective since January 1, 2021); the provisions on mediation, judicial confirmation, and enforcement in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective since January 1, 2024); the specific operation shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the risk of oral family arrangements is very high, so it is recommended to formalize them in writing and have all parties sign and confirm them on the spot. Secondly, mediation does not mean giving up rights, but once the terms are signed, they usually become binding. Before signing, you should check the scope and amount of the property item by item. Thirdly, for mediation solutions involving real estate, it is advisable to simultaneously agree on the obligations of transferring ownership and the responsibilities for delays. Fourthly, if some heirs are unaccounted for, it is often unavoidable to use public notice to serve them and proceed with litigation. Fifthly, if the other party fails to fulfill their obligations after the mediation concludes, you can directly apply for compulsory enforcement with the court's mediation agreement in hand.

VI. Frequently Asked Questions

Q1: Is it possible to resolve an inheritance dispute without going to court, just through mediation?

Yes. If there are no major disputes among the heirs, the matter can be resolved through self-negotiation, mediation by the People's Mediation Committee, or pre-litigation mediation by the court. However, it is recommended to formalize the outcome in a court mediation document or a mediation agreement confirmed by the judiciary, in order to obtain enforceability and avoid one party changing their mind later and leading to renewed litigation.

Q2: Does the mediation agreement have legal effect?

There are contractual obligations, but they are not necessarily enforceable. The mediation agreement issued by the court has the same legal effect as a judgment and can be directly applied for enforcement; the agreement reached through mediation by a people's mediation organization can be applied for judicial confirmation, and after confirmation, it can also be used as a basis for enforcement.

Q3: Does the room allocation plan agreed upon at the family meeting many years ago still apply?

Generally, there needs to be a written document or sufficient supporting evidence. If there is only an oral agreement without the signatures of all parties, it will be difficult to gain support after the litigation. If the parties can provide written materials formed at that time, witness testimonies from participants, and traces of subsequent performance that corroborate each other, the court may recognize it, but the burden of proof will be relatively high.

Q4: What should I do if the heir refuses to cooperate with the mediation?

If someone refuses to attend the meeting or accept the proposal, the mediation usually cannot be completed and needs to be resolved through litigation. The court will notify all heirs to attend the meeting according to the law, and serve the notice to the heirs whose whereabouts are unknown according to the law. If the right holders do not appear in court, the trial can be conducted in their absence, but the overall process will be extended accordingly.

Q5: What should I do if the other party fails to fulfill their obligations after the mediation?

For those who hold a court mediation agreement, they can directly apply to the court for enforcement; for those who hold a mediation agreement confirmed by the judiciary, they can also apply for enforcement. However, for those who only hold an ordinary written agreement, they need to first file a lawsuit to confirm their rights, and then apply for enforcement based on the effective judgment. Therefore, it is very important to choose an appropriate form of legal effect when concluding the mediation case.

The above answer is based on the judicial practice in Beijing. The adjudicative standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Legal services for inheritance·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.