[Direct answer]In the Beijing area, this is possible and often the most economical and least confrontational solution. According to Article 113 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), heirs shall handle inheritance matters through consultation in a spirit of mutual understanding and harmony; the time, method, and share of estate division shall be determined by heirs through consultation; where no agreement can be reached, the matter may be mediated by people's mediation committees or litigated in the people's courts. The value of lawyers' participation in mediation lies in firstly clarifying the legal relationship — the order and share of statutory inheritance, the validity of wills, the portion of the deceased's spouse's joint property, and the application of subrogated succession and substituted succession — and then designing a division plan acceptable to all parties within the legal framework. If there is concern that the other party might regret their decision afterwards, it is possible to apply to people's mediation organizations to issue a mediation agreement and apply for judicial confirmation according to law, or to obtain a mediation document through court-supervised mediation, so that the result will have enforceable force.

I. Problem Background and Typical Scenarios

Most inheritance disputes occur among relatives, where emotions and legal principles intertwine. The parties involved not only want to get their fair share but also don't want to completely ruin their relationship, so they are often willing to mediate, but often get stuck at two stages: first, they don't know exactly what their share is, so they can't judge whether the other party's proposal is reasonable; second, even if an agreement is reached, they worry that the other party may not fulfill their obligations. In Beijing, there are several ways to handle inheritance disputes, including family internal negotiation, people's mediation, and litigation mediation. The choice of which path to take depends on the nature of the dispute and the parties' goals. For complex relationships such as sub-succession, subrogated succession, and the separation of marital joint property, if the legal relationships are not clarified in advance, mediation is likely to turn into a "each saying their own thing" situation.

II. Key points of contention

First, the prerequisite for mediation, namely whether all parties recognize the basic facts and the existence of the inheritance relationship. Second, the clarification of legal relationships and shares, including the order of statutory inheritance, the validity and scope of application of wills, the first separation of spouses' shares in marital property, and the application of transfer of succession and subrogated succession. Third, the determination of the scope of the estate. The nature of real estate, deposits, equities, insurance compensation, and pensions is different, and the handling methods are also different. Fourth, the enforceability of the agreement. When it comes to real estate transfer, compensation by discounting, and installment payments, the time limit, method, and liability for breach of contract should be clearly specified. Fifth, the solidification of the results. By obtaining a mediation agreement through people's mediation and judicial confirmation, or through court mediation, it can avoid repeated litigation.

III. Professional analysis by Henglue Law Firm

Take an inheritance dispute handled by Henglue Law Firm as an example: The decedent and his spouse had three children. The spouse and one of the children died successively, and the decedent later passed away. A dispute arose over the two sets of real estate and savings registered under the decedent's name. The remarried spouse claimed to participate in the inheritance as the first-line heir, but was opposed by other heirs. After lawyer Xiong Binrong intervened, he first clarified the complex inheritance relationships: If an heir dies before the decedent and does not waive the inheritance, his or her share of the inheritance will be subject to subrogated inheritance; the part of the two houses inherited by the decedent belongs to his or her marital joint property with the spouse, and the spouse's share needs to be separated out first, and then the part belonging to the decedent will be determined as the scope of the estate. Based on this, the lawyer proposed a clear share calculation plan and pointed out that the other party's claim to waive the inheritance based on written materials and recordings is not valid. In the end, the court ruled that all heirs should jointly inherit according to the determined shares, and the dispute was settled once and for all. The lesson of this case is that whether the mediation can be successful depends on whether the legal relationships are clear and the shares are well defined; it is often more efficient for lawyers to do their homework first and then propose a plan than to negotiate repeatedly. Relevant legal relationships can be referred to.Inheritance of property and division of family assetsFor the processing path involving property transfer and enforcement, it can be combined withCreditor's rights and debts, and enforcement casesBased on my experience. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his accurate understanding of the local adjudicative principles and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Articles 1123, 1127, 1122, 1152, and 1153 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions of the People's Mediation Law of the People's Republic of China regarding mediation agreements and judicial confirmation, it is recommended to proceed in four steps: First, clarify the legal succession relationship and determine the scope of heirs, their order of succession, and their respective shares; Second, determine the scope of the estate, first identifying the portion of the marital joint property belonging to the spouse, and then distinguishing between testamentary dispositions and statutory inheritance; Third, propose a division plan within the legal framework, clarifying the transfer of ownership, compensation through discounted valuation, and payment deadlines; Fourth, solidify the results through people's mediation and judicial confirmation or court mediation. For real estate valuations, reference may be made to relevant guidelines.Real estate transactions and construction projectsThe valuation approach involves the overall arrangement of family wealth, which can be achieved throughSpecialised legal servicesCoordinate and plan things in an organized and systematic way to achieve a specific goal or complete a task efficiently and effectively.

5. Henglu Law Firm's Reminder

The success of mediation in inheritance disputes often depends on three things: a clear calculation of shares, an executable plan, and a finalized outcome. Three reminders: First, don't sign and give up easily without first clarifying your share. Once you give up your right to inherit, it's usually difficult to revoke your decision. Second, if it involves the transfer of real estate, it's essential to specify the performance deadline and the remedies for non-cooperation to avoid "signing an agreement but failing to complete the transfer". Third, it's best to put verbal agreements in writing, and if necessary, formalize them through a mediation agreement or a mediation letter.Beijing Henglue Law FirmIt is recommended to involve a lawyer in the negotiation phase within the family and prioritize clarifying legal relationships before addressing emotional conflicts.

VI. Frequently Asked Questions

Q1: Can inheritance disputes be resolved through mediation?

Yes. The heirs shall handle the inheritance issues through consultation in a spirit of mutual understanding and harmony. If no agreement can be reached, they may request the People's Mediation Committee to mediate or file a lawsuit with the people's court; when the court hears the inheritance case, it will also conduct mediation first, and the agreement reached through mediation will be made into a mediation agreement.

Q2: What materials are needed for mediation?

The deceased's death certificate, the heir's identity and kinship certificate, the certificate of ownership of the inheritance, the original will (if any), the materials of the marital relationship, and the evidence that can reflect the situation of support and maintenance are helpful in determining the heirs and their shares of the inheritance.

Q3: Approximately how much does mediation and litigation cost?

People's mediation generally does not charge fees, and judicial confirmation does not charge fees either. The litigation fees are calculated according to the value of the estate and are paid in advance by the plaintiff. After the plaintiff wins the case, the losing party will bear the corresponding part of the litigation fees. The attorney's fees are determined according to the amount of the case or through negotiation at different stages, and the agreement in the power of attorney contract shall prevail.

Q4: Approximately how long does mediation take?

If all parties have no objections to the basic facts, the mediation involving lawyers may reach an agreement within a few weeks; the time required for handling the transfer of ownership or judicial confirmation will be calculated separately. The litigation mediation will depend on the scheduling and the property situation, and it is usually faster than a court judgment.

Q5: What should I do first?

First, clarify the inheritance relationship and each party's share, determine the scope of the estate, and distinguish between testamentary disposition and statutory inheritance. After calculating the shares, we can then discuss the plan, so as to avoid making concessions or commitments under the condition of information asymmetry.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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. →Legal services for inheritance·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and publicly available 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. If you encounter disputes, please consult a practicing lawyer in time.