- Time of issue:2021-08-11 16:17:21
Code of Conduct for Mediators of Shenzhen Qianhai International Commercial Mediation Center (Trial)
(This code was reviewed and approved by the first board of directors of Shenzhen Qianhai International Commercial Mediation Center on August 15, 2020, and will be implemented from the date of issuance)
Article 1 When performing mediation duties, a mediator shall abide by the professional ethics and practice discipline of mediation, adhere to the principles of mediation, conduct mediation in a legal, independent, fair and responsible manner, safeguard the legitimate rights and interests of the parties, safeguard the correct implementation of the law, and safeguard social fairness and justice .
Article 2 The mediator shall conduct mediation in accordance with applicable laws, regulations and policies for dispute resolution, and with reference to international practices, consciously abide by mediation rules, maintain mediation order, and shall not violate the mandatory provisions of the law and the prohibitive provisions of the mediation rules.
Article 3 If the mediator has an interest relationship with the parties and their disputed interests or other circumstances that may affect their independent and fair mediation, they shall take the initiative to withdraw in accordance with the mediation rules.
Article 4 The mediator shall uphold the independence and impartiality of mediation, respect the autonomy of the parties’ will and exercise of their rights, and shall not act favorably, misleading, deceiving or coercing the parties.
Article 5 The mediator who presides over mediation shall be diligent and responsible, clear the law, guide patiently, and serve wholeheartedly, and shall not refuse, delay, or slack in the performance of mediation duties.
Article 6 The mediator shall guide the parties to propose and form a dispute resolution plan on the basis of equal consultation, clarification of responsibilities, mutual understanding and mutual accommodation, and urge the parties to voluntarily reach a mediation agreement, and shall not force or induce the parties to reach a mediation agreement.
Article 7 The mediator shall respect the right of the parties to independently accept, reject or waive the choice of mediation, and shall not prevent the parties from choosing arbitration, litigation or other dispute resolution channels to defend their rights due to the failure of mediation or mediation.
Article 8: After mediation fails, the mediator shall guide the parties to choose other dispute resolution channels by themselves, continue to resolve their disputes in accordance with the law, and shall not serve as an arbitrator, judge, juror, or other dispute resolution procedure after the mediation fails. Mediator, witness or agent of the party.
Article 9 The mediator shall be strictly self-disciplined, upright and honest, and shall not solicit or accept property from the parties or use the convenience of his position to seek other improper benefits.
Article 10 The mediator shall strictly abide by the confidentiality obligation of mediation, and shall not divulge the case information, mediation information, and the privacy and business secrets of the parties that they learn during the mediation process.
Article 11 The prohibited acts listed in this code shall follow the provisions of laws, regulations and mediation rules if they are otherwise provided.
Scan the QR code to read on your phone