South KoreaWhat is divorce mediation?
Divorce mediation in South Korea is a voluntary, court-facilitated process where a neutral mediator helps spouses reach agreement on divorce-related issues like property division, custody, and support — without going to trial.
What the Law Says
South Korean law promotes mediation as a primary method for resolving family disputes, including divorce, before litigation. The Family Litigation Act establishes the legal framework for court-connected mediation.
Divorce mediation is conducted at a Family Court under the supervision of a court-appointed mediator — often a judge, lawyer, or expert in family matters. It is voluntary: both parties must consent to participate, and either can withdraw at any time.
The process focuses on reaching mutual agreement on key issues: child custody and visitation, child support, spousal support (if applicable), and division of marital property. Agreements reached in mediation have the same legal effect as a court judgment once approved by the court.
Mediation is confidential and informal, encouraging open discussion without strict rules of evidence or procedure. If mediation fails, the case may proceed to formal litigation.
Statutory TextThe court may mediate family disputes upon application by a party or ex officio.
— Family Litigation Act, s. 29 — Mediation by Court
Statutory TextA mediation agreement approved by the court has the same effect as a final judgment.
— Family Litigation Act, s. 35 — Effect of Mediation Agreement
What to Do
File a petition for divorce mediation at your local Family Court (no fee required).
Attend the first mediation session with ID and relevant documents (marriage certificate, asset records, child-related documents).
Negotiate in good faith with the mediator’s assistance; bring proposals on custody, support, and property division.
If an agreement is reached, sign the mediation record — it becomes legally binding once the court approves it.
If mediation fails, decide whether to file for formal divorce litigation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.