Implementation Measures on Regulating Fees for Commercial Mediation

(for trial implementation)

Article 1 In order to accelerate the modernization of the social governance system and governance capacity, deepen the reform of the governance of sources of litigation and the mechanism for diversified settlement of contradictions and disputes, and promote the market-oriented development of commercial mediation, these Implementation Measures are formulated in accordance with the Regulations on Diversified Settlement of Contradictions and Disputes of the Shenzhen Special Economic Zone, and in the light of the actual situation of the city.

Article 2 Commercial mediation organizations may charge mediation service fees in accordance with the law when mediating conflicts and disputes in the fields of trade, investment, finance, transportation, real estate, intellectual property rights, technology transfer, engineering and construction.

Article 3 Commercial mediation includes invited mediation and self-mediation. Invited mediation refers to the people's court before filing a case to guide the parties to commercial mediation organization to carry out pre-litigation mediation, or commissioned after the case of commercial mediation organization for mediation. Self-mediation refers to the commercial mediation organization commissioned by the main body of commercial mediation.

Article 4 The commercial mediation organization referred to in these measures refers to the Shenzhen Municipality, the district judicial administrative department agreed, and registered as a non-profit organization in accordance with the law.

Commercial mediation organizations registered in accordance with the law shall formulate articles of association, mediation rules, and have their own name, residence, personnel and assets.

Article 5 commercial mediation organization in accordance with the fees, and the parties signed a written agreement in accordance with the agreement to collect mediation service fees. Mediation service fee market adjustment, the commercial mediation organization in accordance with the principles of fairness and reasonableness, honesty and credit to set fees.

Article 6 mediation service fees, including the parties applying for mediation to pay the mediator's remuneration, the mediation organization's operating expenses, as well as other reasonable costs arising from the mediation activities.

Article 7 commercial mediation organization shall be the fees, mediation rules, the list of mediators, etc., to the judicial administrative department for the record and to the public.

Article 8 commercial mediation organization can be agreed with the parties to determine the billing method and fees by time or proportion of the subject matter of the dispute.

Article 9 commercial mediation organization mediation agreement can be contained in the amount of mediation service fees and ways to bear.

Article 10 mediation agreement can apply to the people's court for judicial confirmation. The parties to the people's court to apply for judicial confirmation of the ruling, the request for confirmation of the conciliation service fee and the way of assuming, the people's court may be set out in the legal documents.

Article 11 commercial mediation organization to preside over the mediation period, the parties may apply to the people's court according to law for property preservation, commercial mediation organization shall assist the parties to the people's court to submit preservation materials.

Article 12 of the conciliation agreement with the content of the payment, the parties may apply to the notary public for notarization of claims with enforcement effect. If a party fails to perform or performs not in accordance with the agreement, the other party may apply to the people's court for property preservation and compulsory execution in accordance with the law.

Article 13 in its own mediation, commercial mediation organization according to its agreement with the parties to collect mediation service fees, the parties do not pay the agreed mediation service fees, commercial mediation organization may terminate the mediation activities.

Commercial mediation organization to collect mediation service fees, such as failure to enter into mediation proceedings or terminate the mediation, deducted according to the agreement has been incurred in addition to the mediation service costs, the commercial mediation organization shall be agreed to the parties to refund the remaining mediation service fees.

Article 14 The commercial mediation organization shall carry out mediation activities in accordance with the law, and shall not collect mediation service fees from the parties by means of force, coercion or fraud.

The existence of the above paragraph, the commercial mediation industry organizations to implement industry self-regulation. Invited mediation, the people's court, after verification, may order it to correct and return the mediation service fee, and may be dismissed in accordance with the provisions. Serious violations of laws and regulations, in accordance with relevant provisions; suspected of committing a crime, shall be transferred to the judicial organs.

Article 15 of the judicial administrative departments, in conjunction with the people's courts, guidance and supervision of commercial mediation organizations to carry out mediation activities. Commercial mediation industry organizations should strengthen industry self-regulation and management, the establishment of industry integrity system, and regularly open to the public supervision and management.

Article 16 The commercial mediation industry organization shall promote the establishment of a commercial mediator roster, develop a commercial mediator certification system, strengthen the training of commercial mediators, and explore the establishment of a commercial mediator management system in line with international standards.

Article 17 The commercial mediation industry organization may formulate and publish model texts of commercial mediation entrustment agreements, commercial mediation agreements and other instruments, as well as model texts of commercial mediation rules, commercial mediation compliance and risk control management system, commercial mediation confidentiality and file management system and other systems, in order to guide the development of the industry's self-regulation.

Article 18 The judicial administrative department and the people's court shall strengthen the work of publicity, increase the support and cultivation of the development of commercial mediation marketization, and guide the parties to choose the best mediator.