Rules of mediation

Chapter I General Provisions

The first purpose

These Rules are formulated to ensure that the mediation activities of Shanghe Price Dispute Mediation Center (hereinafter referred to as "Mediation Center") in Chongqing Liangjiang New Area are standardized, orderly, fair and efficient, to solve commercial disputes in a timely and proper manner, and to maintain harmonious and stable commercial relations.

The second definition

"Mediation" as mentioned in these Rules refers to the process in which one or more mediators form a mediation court at the request of the parties, appointed or entrusted by judicial organs, administrative organs, arbitration institutions or other organizations with dispute settlement functions, and guide the parties to conduct friendly consultations and voluntarily reach a mediation agreement on the basis of equal consultation and effective communication, so as to resolve commercial disputes.

Article 3 Scope of application

These Rules shall apply to commercial disputes between natural persons, legal persons and unincorporated organizations at home and abroad, including:

(a) commercial disputes in trade, investment, mergers and acquisitions, finance, securities, insurance, intellectual property, real estate, engineering construction, transportation and other fields;

(two) other types of disputes submitted by the parties to the mediation center and accepted by the mediation center. These rules do not apply to personal rights, disputes in criminal cases and other cases that are not suitable for mediation by the mediation center.

Article 4 Basis for mediation

The mediation activities of the mediation center can be conducted in accordance with the laws of the country or region chosen by the parties, with reference to international practices and trading habits, but they shall not violate the mandatory provisions of People's Republic of China (PRC) laws or public order and good customs.

Article 5 Selection and application of mediation rules

Where the parties agree to submit the dispute to the mediation center for mediation, it shall be deemed that they agree to conduct mediation in accordance with these Rules.

Through consultation, the parties may choose the provisions of these Rules or make changes to the relevant provisions of these Rules, but the above selection or changes shall not violate the mandatory provisions of People's Republic of China (PRC) laws.

Through consultation, the parties may choose to apply the mediation rules of other domestic and foreign institutions, or agree on specific mediation procedures, provided that they do not violate the mandatory provisions of People's Republic of China (PRC) laws.

For matters not specified in these rules, it shall be agreed by the parties or determined by the mediation center through consultation with the parties.

Article 6 Principles and purposes of mediation

Mediation shall be conducted on the principle of voluntariness, fairness, reasonableness and confidentiality. Mediation should aim at promoting mutual understanding and accommodation between the parties and reaching an agreement.

Article 7 Joint mediation

With the consent of the parties, the mediation center may conduct joint mediation with other dispute settlement institutions, or accept the appointment or entrustment of judicial organs, administrative organs, arbitration institutions or other organizations with dispute settlement functions to conduct separate mediation of disputes.

Chapter II Mediation Procedure

Section 1 Acceptance of Cases

Article 8 Acceptance of applications

The mediation center decides whether to accept the case according to the mediation agreement reached by the parties before or after the dispute, and the mediation application submitted by one or more parties to the mediation center.

Mediation agreement refers to the mediation clause concluded by the parties in the contract, or an agreement reached by other means to resolve disputes by mediation. If there is no mediation agreement between the parties and one party applies for mediation, the mediation center must obtain the consent of the other party or the other party can confirm it in an appropriate way before accepting it.

Article 9 Application Procedures

The parties to the mediation center to apply for mediation, according to the following procedures:

(1) Submit an application for mediation and the basic relationship documents of the parties, which shall specify and/or provide:

1. The names (names), legal representatives, domiciles and correspondence addresses, telephone numbers and e-mail addresses of the applicant and the respondent or other information that can contact all parties;

2. The willingness of the parties to mediate voluntarily or the willingness of the parties to unilaterally request mediation;

3. The facts of the case, the disputed matters, the request for mediation and its reasons and basis;

4. Other matters that should be specified.

(2) Submit evidential materials and other relevant supporting documents.

(3) If an agent is hired to participate in mediation, a written power of attorney shall be submitted.

(four) if the parties apply for mediation, they shall pay the mediation registration fee.

If the mediation center examines and confirms the acceptance of the mediation application, it shall register the mediation case and send the relevant documents to the respondent in time. If the respondent agrees to mediation, it shall confirm it within 10 working days from the date of receiving the above-mentioned documents, and the parties shall select mediators in accordance with these rules and pay mediation fees at the same time.

Article 10 unconfirmed handling

If the respondent fails to confirm in writing his consent to mediation within the prescribed time limit, it shall be deemed as refusing mediation; If the respondent confirms his consent to mediation after the expiration of the prescribed time limit and the applicant has no objection, the Secretary-General of the mediation center shall decide whether to accept it.

Section 2 Selection (designation) of mediators

Article 11 Selection (designation) of mediators

Each case is generally mediated by a mediator.

Within 5 days from the date of receiving the mediation notice, the parties may jointly select a mediator from the roster of mediators in the mediation center, or jointly select a mediator outside the roster. If mediators are jointly selected outside the roster, they shall be confirmed by the Secretary General of the Mediation Center.

If the parties fail to reach an agreement on the joint selection of mediators within 5 days from the date of receiving the mediation notice, the Secretary-General of the mediation center shall designate them from the roster of mediators of the mediation center. If there is no suitable mediator in the roster of mediators in the mediation center, the Secretary-General of the mediation center may also appoint mediators from the roster of cooperative institutions.

For major and difficult cases or cases with great difficulties in ascertaining facts, applicable laws, professional fields, technical factors, working languages, etc., with the agreement of the parties, or upon the proposal of the Secretary General of the Mediation Center and with the consent of the parties, multiple mediators can be selected or appointed to participate in mediation. If more than one mediator is selected or appointed, one of them may be jointly elected by the mediators as the convener of the mediation procedure.

Article 12 Withdrawal of Mediators

If the mediator accepts the appointment of the parties or the appointment of the Secretary-General of the mediation center to perform his duties, he shall disclose the circumstances that may affect his independence and impartiality as a mediator in the case. In any of the following circumstances, the mediator shall voluntarily withdraw, and the parties may also apply to the mediator for withdrawal orally or in writing:

(1) Being a party to a case or a close relative of a party or agent;

(2) Having an interest in the dispute involved in the case;

(3) Having other relations with the parties to the case, which may affect the independence and impartiality of mediation.

Article 13 Redefinition of Mediators

If mediation activities cannot be continued due to the withdrawal of mediators and other reasons, the parties or the Secretary General of the mediation center shall re-determine the mediators.

After the mediator is re-determined, it is up to the new mediator to decide whether the mediation procedure has been re-conducted.

Section 3 Mediation Procedure

Article 14 Mediation work begins.

Mediators shall formally start mediation work within 10 working days after being selected (referred to).

Article 15 Time limit for mediation

The mediator shall close the case, form a written report and terminate the mediation procedure within 30 days after the first mediation meeting or other forms of mediation.

For major and difficult cases, the mediation period may be extended by 30 days upon the application of the mediator and the consent of the Secretary-General of the mediation center, but the mediation period of each case generally does not exceed 60 days.

Article 16 Promotion of mediation

Mediators can mediate in a way that they think is conducive to the parties to reach an agreement.

In the process of mediation, the mediator can meet with all parties or agents at the same time, or meet with one party or agent alone in the mediation center, unless otherwise requested by the parties.

Mediators may, according to the needs of mediation work or upon the application of the parties, ask the mediation center to hire relevant experts to provide professional guidance.

Article 17 Mediation language

The parties may determine the language to be used in mediation through consultation. If consultation fails, the Secretary-General of the mediation center will decide the language to be used in mediation after consulting the mediator.

If the parties request to provide translation services for the mediation language, the translators shall be hired by the parties or entrusted by the mediation center, and the expenses of the translators shall be borne by the parties.

Article 18 Agents

The parties may entrust residents and foreigners from China Mainland, Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province region as their mediation agents. If a party entrusts an agent to conduct mediation activities, it shall submit a power of attorney to the mediation center, which shall specify the specific entrusted matters and authority.

Article 19 Obligation of confidentiality

Mediators and other personnel involved in mediation must keep all information generated in the process of mediation or related to mediation confidential, except for the following situations:

(a) the parties expressly agreed to disclose;

(2) The disclosure is required by law;

(3) It is disclosed for the purpose of performing or executing the mediation agreement;

(four) to prevent or minimize the risk of injury to others or the risk of serious damage to the rights and interests of minors;

(five) based on research, evaluation or education purposes, and did not directly or indirectly disclose the mediation materials or the identity information of the parties;

(6) The disclosure is made on the basis of seeking legal advice;

(seven) the mediation materials belong to the evidence collected by the people's court.

When necessary, the mediator may require all other persons involved in mediation who are not parties to the mediation to sign a confidentiality agreement separately.

Twentieth closed mediation.

Not in public, unless otherwise agreed by the parties.

Article 21 the place of mediation and the form of mediation agreement

Mediation is generally conducted at the location of the mediation center, the location of the organ or institution that appoints mediation or entrusts mediation. With the consent of the parties, mediation can also be conducted in other places or online. If mediation is conducted at a place other than the place where the mediation center is located, the expenses incurred therefrom shall be borne by the party who made the request, unless otherwise agreed by the parties.

The mediation agreement reached during mediation shall be made in writing. A mediation agreement formed through online mediation can be made in the form of electronic records, and an electronic signature can be used with the consent of the parties.

Article 22 The mediation procedure is terminated.

The mediation procedure shall be terminated under any of the following circumstances:

(1) A mediation agreement has been reached between the parties and confirmed by the mediation center;

(two) the mediation period expires, the mediator thinks that there is no possibility of success in mediation, and issues a written closing report;

(three) the mediation agreement has not been reached at the expiration of the mediation period, and the parties have not requested to extend the mediation period;

(four) a party to a written statement to the mediator to withdraw from mediation;

(5) Other circumstances leading to the termination of the mediation procedure.

Twenty-third mediation procedures resumed.

After the termination of the mediation procedure, if the parties wish to continue the mediation, they may resume the mediation procedure, and the expenses arising from the resumption of the mediation procedure shall be borne by the parties.

Chapter III Mediation Costs

Article 24 the scope of mediation fees

Mediation fees include mediation registration fees and mediation fees. For details of mediation fees, please refer to the Measures for Mediation Fees of Shanghe Price Dispute Mediation Center in Chongqing Liangjiang New Area.

Article 25 the proportion of commitment

Mediation fees are generally borne by all parties, unless otherwise agreed by the parties.

Article 26 Other expenses

Other expenses arising from the parties' participation in mediation activities shall be borne by the parties themselves.

If other expenses need to be incurred due to mediation meetings, investigations and other cases, the relevant expenses shall be borne by all parties after obtaining the consent of the parties, unless otherwise agreed by the parties.

Chapter IV Effectiveness of Mediation

Twenty-seventh mediation results.

After mediation, if the parties reach a mediation agreement, it shall be signed by the mediator and the parties and stamped with the seal of the mediation center. The mediation agreement shall not be made public except for the purpose of execution or performance.

Article 28 the effectiveness of mediation agreement

The effective mediation agreement has the nature of a civil contract, and the parties shall perform it.

Article 29 Confirmation of Mediation Agreement

The parties may agree in the mediation agreement to submit it to Chongqing Arbitration Commission, and issue an arbitration award or arbitration mediation according to the mediation agreement according to its current arbitration rules.

The parties may also apply to the people's court with jurisdiction to confirm the validity of the mediation agreement.

With the obligation to pay the mediation agreement, the parties may apply to the notary organ for notarization of the obligatory right documents according to the provisions of the Notarization Law of People's Republic of China (PRC).

Chapter V Supplementary Provisions

Article 30 Subsequent obligations of the parties

In subsequent arbitration, litigation or other proceedings concerning the same dispute, the parties shall not refer to any scheme and suggestion put forward or expressed willingness to accept by the mediator and other parties in the mediation procedure as the basis for their complaint or defense.

Article 31 Subsequent obligations of mediators

If mediation fails, the mediator shall not act as an arbitrator, judge, juror, mediator, notary or agent in subsequent arbitration proceedings or litigation proceedings on the same dispute, unless the parties agree.

The parties shall not ask the mediator to act as a witness in arbitration, litigation or other dispute settlement procedures after mediation fails, except as otherwise provided by law.

Article 32 Principles of professional ethics of mediators

Mediators should abide by the following basic norms of professional ethics:

(1) General responsibilities

The mediator shall treat all parties fairly, and shall not have any personal interest in the terms of any mediation agreement, and shall not be partial to any party. Mediators need to provide mediation services at the request of all parties under reasonable circumstances, and ensure that all parties are aware of the mediation procedures.

(2) Liability to the parties

1. Mediators must treat the parties with a fair and neutral attitude;

2. The mediator shall explain to the parties the nature of the mediation procedure, the procedure to be adopted and the role of the mediator;

3. The mediator shall ensure that the parties have signed an agreement to submit the dispute to mediation before substantive consultation;

4. The mediator shall inform the parties that they have the right to withdraw from mediation.

(3) Responsibility for mediation procedures and the public

1. Mediators must have professional knowledge and ability in mediation procedures, including higher education experience, professional training, continuing education and relevant qualification certification;

2. Before accepting the appointment, the mediator must ensure that there is enough time to ensure that the mediation procedure can be carried out in time;

3. Mediators can promote their practice in a professional and honest way.

Article 33 Immunity from mediation

The parties to the dispute shall jointly and individually be exempted from any responsibility arising from or related to the mediation activities conducted by mediators and mediation centers in accordance with these Rules, regardless of whether they are negligent or not, except for the consequences caused by any intention or fraud.

Article 34 Interpretation of Rules

The mediation center shall be responsible for the interpretation of these rules.

Article 35 Date of implementation

These Rules shall come into force as of the date of promulgation.

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