Charging

Measures of Shenzhen Qianhai international commercial mediation center on mediation fees (for Trial Implementation)

(these measures were deliberated and adopted by the first Council of Shenzhen Qianhai international commercial mediation center on August 15, 2020 and shall enter into force as of the date of promulgation)

Chapter I General Provisions

        Article 1 These measures are formulated in accordance with the mediation rules of the mediation center, with reference to domestic commercial mediation charging practices and Hong Kong and Macao international practices, in order to standardize the behavior of mediation charging, maintain the legitimate rights and interests of the parties and the normal order of mediation, and ensure the compliant operation and long-term development of Shenzhen Qianhai international commercial mediation center (hereinafter referred to as the mediation center).

        Article 2 the fees charged by the mediation center shall follow the principles of openness and fairness, voluntary compensation, honesty and trustworthiness, convenience and benefit to the people, strengthen operation and management, reduce service costs, and provide high-quality, convenient and low-cost commercial mediation services for the parties.

        Article 3 the fees charged by the mediation center consist of the following items:

       ( 1） The mediation registration fee is the administrative fee charged by the mediation center for accepting commercial cases;

       ( 2） Mediation service fee refers to the service fee charged to compensate the service cost of the mediation center and its mediators engaged in commercial mediation

        In addition to the expenses listed in the preceding paragraph, it also includes other expenses related to mediation that shall be borne by the parties separately.

        Article 4 the charging methods and standards of mediation fees shall be proposed by the mediation center according to the local economic development level, social affordability, average cost of mediation services and the needs of the long-term development of mediation undertakings, and shall be published to the public after being deliberated and adopted by the Council, and shall be revised in due time according to the needs of economic and social development and mediation work.

        Article 5 for charging, the mediation center shall sign a charging agreement with the parties, including charging items and standards, payment and settlement methods, rights and obligations of both parties, dispute resolution methods, etc.

        Article 6 these measures are applicable to the mediation activities of all commercial cases accepted by the mediation center.

        When applying for or agreeing to accept mediation by the mediation center, the parties shall pay mediation fees to the mediation center in accordance with these measures and the fee agreement

        The mediation center shall strictly implement these measures, implement unified charging and unified settlement, and shall not charge fees in violation of the specified scope and standards, and mediators are not allowed to collect fees without permission

        For the cases transferred or entrusted for mediation by the people's court, arbitration commission or other dispute settlement institution, and the cases for assistance and joint mediation through negotiation, the fees shall be handled in accordance with the provisions of the institution or the agreement of both parties.

Chapter II mediation registration fees

        Article 7 Where a party applies for mediation, or one party applies for mediation, and the other party agrees to accept mediation, it shall pay the mediation registration fee to the mediation center

        The mediation registration fee shall be charged at the standard of 500 yuan per party

        Article 8 the mediation registration fee shall be paid by both parties (if there are more than two parties, the same below) to the mediation center according to the prescribed standards within 3 working days from the date of receiving the acceptance decision of the mediation center.

        Article 9 if one or both parties fail to pay the mediation registration fee within the time limit without justified reasons, and still fail to pay the mediation registration fee after being urged, it shall be deemed that they do not accept or refuse the mediation, and the mediation center may withdraw the acceptance decision and return the fees paid by the paid parties at the same time

        If the mediation procedure is terminated due to specified circumstances after the commencement of the mediation procedure, the mediation registration fee shall not be returned.

        Chapter III fees for mediation services

        Article 10 mediation service fees shall be charged in proportion to the amount of the object of dispute and by time. The specific method shall be determined by the mediation center through consultation with the parties

        Article 11 Where a mediation service fee is charged in proportion to the amount of the subject matter of the dispute, the mediation service fee shall be calculated and charged according to the following standards:

       ( 1） If the subject amount is less than 500000 yuan (including this amount, the same below), it shall be charged at 1%, but if the charge is less than 3000 yuan, it shall be charged at 3000 yuan;

       ( 2） If the target amount is 500000 yuan to 2 million yuan, the part exceeding 500000 yuan shall be charged at 0.8%;

       ( 3） If the target amount is 2-20 million yuan, the part exceeding 2 million yuan shall be charged at 0.5%;

       ( 4） If the target amount is 20 million yuan to 100 million yuan, the part exceeding 20 million yuan will be charged by 0.3%;

       ( 5） If the target amount exceeds 100 million yuan, the mediation center can negotiate the charging proportion with the parties.

        Article 12 Where time charges are adopted, mediation service fees shall be calculated and charged according to the following standards:

       ( 1） If the target amount is less than 2 million yuan, it shall be charged at 3000 yuan per hour;

       ( 2） If the target amount is 2 million yuan - 20 million yuan, it will be charged at 4000 yuan per hour;

       ( 3） If the target amount is more than 20 million yuan, it shall be charged at 5000 yuan per hour. If the mediation time is less than 1 hour but more than 30 minutes, it shall be charged at 1 hour

        Article 13 the payment of mediation service fee shall be shared equally by both parties, unless otherwise agreed by the parties

        Article 14 Where a fee is charged in proportion to the amount of the subject matter of the dispute, it shall generally be paid by the parties in a lump sum or by installments after negotiation. In case of installment payment, the down payment shall not be less than 50% of the total fee

        If time charges are adopted, the mediation time charges may be paid by the parties in a lump sum or by installments according to the agreed budget. In case of installment payment, the down payment shall not be less than 50% of the total cost of budgetary mediation time. If the time charge collected is more than or less than the actual time charge for mediation, it shall be treated as "refund for excess and make up for deficiency" at the time of settlement.

        The method of mediation payment, especially the installment payment arrangement, shall be specified in the charging agreement.

        Article 15 both parties shall, within 5 working days from the date of signing the charging agreement with the mediation center, pay the mediation service fee to the mediation center according to the agreed payment amount and payment method. If the payment is made in installments, after paying the first installment of the fee, the remaining fees shall be paid according to the agreed time and method

        The mediation center and its mediators have the right to suspend mediation services if one or both parties fail to pay or pay in full without justified reasons; If no payment is made after urging, it shall be deemed as abandoning mediation, and the mediation center may terminate the mediation procedure

        Article 16 in case of any of the following circumstances in the process of mediation, the mediation center may, at its discretion, refund part or all of the fees paid by the parties:

       ( 1） If the mediation procedure cannot be started and terminated because one party fails to pay the fee within the time limit, the other party may apply for the return of the paid fee（ 2） If the time fee paid by the parties according to the agreement is more than the actual time fee, the overcharged fee shall be returned to the parties at the time of settlement;

       ( 3） If one or both parties propose to terminate the mediation procedure, or the mediator decides to terminate the mediation procedure according to the mediation rules, he may, after deducting the mediation costs paid, return part of the fees paid by the parties as appropriate

       ( 4） If the mediation procedure is terminated due to the violation of the mediator, part or even all of the fees paid shall be returned to the parties according to the circumstances and consequences of the violation of the mediator.

        The refund of the expenses specified in the preceding paragraph may be applied for by the parties or proposed by the mediator, which shall be examined, decided and implemented by the mediation center,

        If the mediation fails at the expiration of the time limit, but the mediation center and its mediators have provided relevant mediation services in accordance with the mediation rules, the mediation service fee shall not be refunded

Chapter IV other expenses

        Article 17 the following expenses incurred in the process of mediation shall be borne by the parties separately:

       ( 1） Transportation and accommodation expenses incurred by mediators who need to attend mediation meetings in different places;

       ( 2） Expenses incurred by inviting witnesses, expert witnesses, lawyers, translators and other relevant personnel to participate in mediation activities;

       ( 3） Expenses incurred in matters such as expert consultation, legal investigation, judicial expertise and document translation at the request of the parties;

       ( 4） Expenses incurred by the parties themselves in renting a place for holding a mediation meeting;

       ( 5） Expenses incurred in handling the connection between mediation and arbitration and litigation, applying for judicial confirmation of mediation agreement, and handling legal procedures related to mediation;

       ( 6） Other reasonable expenses to be borne by the parties

        Article 18 If a party requests and benefits from other expenses to be borne by the party, such party shall bear them; If it is proposed or agreed by both parties and benefits both parties, it shall be borne equally by both parties, unless otherwise agreed by the parties

        The fees listed in the preceding paragraph can be paid by the parties themselves to the relevant service providers or relevant institutions, or it can be agreed that the mediation center will collect them and transfer them

Chapter V supplementary provisions

        After the nineteenth mediation ends, the mediator should assist the mediation center to complete the charge settlement within ten working days.

        Article 20 Any dispute between the mediation center and the parties over the mediation fees and the performance of the agreement shall be settled through consultation in accordance with the principles of equality, impartiality and mutual understanding.

        If a dispute arises due to the illegal charging of fees by the mediation center or mediators, the parties have the right to require the mediation center to return the fees collected in violation of regulations, and investigate the responsibilities of relevant responsible persons in accordance with regulations.

        Article 21 the remuneration of mediators for presiding over and participating in mediation activities shall be disbursed from the mediation service fees collected, and the specific standards shall be in accordance with the provisions of the mediation center

        If a mediator is appointed by the mediation center to participate in the mediation of a case transferred or entrusted by the people's court, arbitration commission or other dispute settlement institution, or to participate in joint mediation or assist in mediation, his / her remuneration or subsidy standards shall be in accordance with the provisions of the institution, or in accordance with the agreement between the institution and the mediation center

        Article 22 the fees listed in these Measures shall be denominated in RMB. If the fees for mediation of foreign-related cases need to be converted into RMB, they shall be converted and priced according to the exchange rate published by the state on the date when the mediation center decides to accept them,

        Article 23 The Mediation Center shall be responsible for the interpretation of these measures.

        Article 24 These Measures shall come into force as of the date of promulgation.