[Direct answer]In the Beijing area, there is no charge. As a people's mediation organization, the People's Mediation Committee for Medical Disputes does not charge any fees from the parties for mediating medical disputes. According to Article 4 of the People's Mediation Law of the People's Republic of China (implemented on January 1, 2011), the People's Mediation Committee does not charge any fees for mediating civil disputes; the mediation of the Medical Mediation Committee also falls within this category. It should be noted that the mediation itself is free, but if the mediation fails and the case is transferred to litigation, the case acceptance fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), and the fee for mediation-resolved or withdrawn cases shall be halved. Action guidance: Prioritize applying for free mediation from the Medical Mediation Committee, and if unsuccessful, evaluate the litigation costs again.

I. Problem background and typical scenarios

After a medical dispute occurs, patients often worry that "litigation is expensive and slow", so they turn to the Medical Mediation Committee. Typical scenarios include: families want to claim compensation but are unwilling to advance large litigation fees; both parties are willing to mediate but are unclear about who to contact and whether there will be any costs; they have heard that "mediation requires a proportional commission", so they are hesitant to apply. In fact, the Medical Mediation Committee, as a third-party people's mediation organization, provides mediation services free of charge. What really needs to be calculated are the litigation costs after mediation fails. For more information, please refer to the relevant rules.Legal services for personal injury and medical disputes.

II. Key points of contention

The controversy focuses on four points. Firstly, the scope of free services: Mediation organized by the Medical Mediation Committee does not charge fees, but third-party costs such as appraisal fees, autopsy fees, and copying fees are still borne by the applicant in accordance with regulations, and the two should not be confused. Secondly, the cost switch between mediation and litigation: Free mediation does not mean zero cost for the entire case. Once the case is transferred to litigation, the case acceptance fee will be charged. Thirdly, the cost discount for mediation settlements: Mediation agreements reached under the court's supervision allow the case acceptance fee to be paid at half the normal rate, which is a significant cost-saving channel. Fourthly, the positioning of attorney fees: Hiring a lawyer to participate in mediation is a market service, and the fees are negotiated between the law firm and the client, which does not conflict with the free mediation provided by the Medical Mediation Committee. In the Beijing area, the Medical Mediation Committee generally practices free mediation, and its convenience to the public is obvious.

III. Professional analysis by Hengluo Lawyers

A personal insurance contract dispute handled by Attorney Xiong Binrong clearly demonstrated the unique value of mediation in dispute resolution, which is also in line with the logic of "zero cost and result-oriented mediation". In May 2019, Liu Nan purchased a 1 million yuan accidental death insurance policy for her husband, Wu Qiang, from A Life Insurance Company, with the agreed compensation covering "external, sudden, unintentional, and non-disease-related" injuries. In June 2023, Wu Qiang choked while eating at home and died despite a year-long rescue effort. The insurance company only paid over 30,000 yuan and denied the claim on the grounds that it did not meet the definition of accidental injury. Liu Nan entrusted Attorney Xiong Binrong to handle the case. The attorney adopted a two-pronged strategy: on the one hand, he submitted the insurance application records, rescue medical records, and denial of compensation notifications to establish a chain of performance and breach of contract claims; on the other hand, he conducted multiple rounds of negotiations and presented Article 30 of the Insurance Law of the People's Republic of China in court, pointing out that the ambiguity in the interpretation of "accidental injury" should be interpreted in favor of the insured. Through mediation conducted by the court, the insurance company agreed to pay 750,000 yuan by June 30, 2025, bringing the total to 780,000 yuan. The parties have no further disputes over the case. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as an agent. In the field of medical disputes, the cases handled by Attorney Yu Dawei also demonstrate that mediation, appraisal, and litigation can proceed in parallel, and the patients' rights can be effectively protected.Attorney Yu WeidongTo assist in asserting rights related to medical malpractice and causality, the approach chosen varies from case to case, and free mediation by the Medical Dispute Mediation Committee is often the preferred first step.

IV. Practical suggestions and legal basis

The legal basis includes Article 4 (mediation is free of charge) of the People's Mediation Law of the People's Republic of China (effective from January 1, 2011); Article 22 (mediation committees for medical disputes) and Article 40 (voluntary mediation and agreements) of the Regulations on the Prevention and Handling of Medical Disputes (effective from October 1, 2018); and the provisions on case acceptance fees and half-fee payment in the Measures for the Payment of Litigation Costs (State Council Decree No. 481, effective from April 1, 2007). Action list: 1. Submit a mediation application and prepare materials to the mediation committee located at the medical institution; 2. Clarify the claims and acceptable compromises to avoid vague demands; 3. If mediation fails, proceed with litigation promptly and pay attention to the three-year statute of limitations; 4. During the litigation stage, mediation can still be conducted under the court's supervision, and the case acceptance fees will be reduced by half upon successful mediation; 5. Comprehensively evaluate the time and economic costs, see details below.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Advice

The free mediation provided by the Medical Dispute Mediation Committee is a high-quality channel for patients to protect their rights at low cost, but "free" does not mean "no cost or no risk": third-party expenses such as appraisal fees and autopsy fees still need to be borne according to regulations, and litigation fees will also be incurred if the mediation fails. It is recommended to evaluate the mediation plan and litigation expectations together, and to mediate if possible and litigate if necessary. When handling similar cases in Beijing, the parties can refer to the relevant judicial interpretations and guidelines issued by the Beijing Municipal High People's Court.Beijing Henglu Law FirmWith the help of professional lawyers, we clarified the cost breakdown of free mediation and litigation paths.

VI. Frequently Asked Questions

Q1: Does the Medical Dispute Mediation Committee charge fees for mediating medical disputes?

It's free of charge. The People's Mediation Committee for Medical Disputes belongs to a people's mediation organization. According to Article 4 of the People's Mediation Law of the People's Republic of China (effective from January 1, 2011), there is no charge for mediating civil disputes. The mediation work of the People's Mediation Committee for Medical Disputes also falls within this scope. It should be noted that free mediation does not mean free litigation in the future. The costs of the two should be evaluated separately, and third-party expenses such as appraisal and autopsy should be borne according to the relevant regulations.

Q2: What materials do I need to prepare for applying for mediation by the Medical Dispute Mediation Committee?

Generally, it includes: the patient's identity certificate and proof of kinship, medical records and treatment records, expense receipts, proof of death or damage, written mediation application and statement of claims. The more complete the materials are, the more specific the mediation plan will be. You can refer to it for reference.Legal services for personal injury and medical disputesReview the list of evidence and, if necessary, seek assistance from a lawyer to draft the legal claims.

Q3: How much does it cost to transfer a case from mediation to litigation if the medical arbitration committee fails to mediate successfully?

The litigation acceptance fee shall be paid in stages based on the amount of the claim, in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007); the fee will be halved in the case of mediation settlement or withdrawal of the lawsuit. Lawyer's fees are determined through negotiation between law firms, and there is no unified government pricing. It is recommended to calculate the costs of mediation and litigation together before making a decision, so as to avoid entering litigation blindly and increasing expenses unnecessarily.

Q4: How long does it usually take for the Medical Dispute Mediation Committee to mediate a dispute?

The mediation period varies depending on the complexity of the case and the willingness of both parties. Simple disputes may be resolved within a few weeks, while more contentious ones may take several months; there is no uniform statutory minimum period. The scheduling and process of the Beijing Medical Mediation Committee differ from those in other regions. For cases that remain unresolved for a long time, they can be promptly transferred to litigation to avoid indefinite delays that could affect the pace of safeguarding rights.

Q5: How to apply for mediation by the Medical Dispute Mediation Committee, and what is the process involved?

There are four steps to proceed: First, submit a written application and materials to the medical mediation committee where the medical institution is located; Second, after the medical mediation committee accepts the application, it will organize the parties to present their cases and cross-examine each other; Third, under the mediator's supervision, the parties will negotiate a compensation and liability plan; Fourth, if an agreement is reached, a mediation agreement will be drawn up. If not, the parties will be informed of the litigation path. Patients can simultaneously consult professional lawyers to prepare their claims and evidence in advance.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations 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, to avoid missing the statutory time limit. →Personal injury legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is 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 case of disputes, please consult a practicing lawyer in time.