Shenzhen Qianhai International Commercial Mediation Center

Rules on Appointment and Supervision of Mediators (Trial)

(Adopted at the first Meeting of the First Council of Qianhai International Commercial Mediation Center of Shenzhen on August 15, 2020, and amended for the first time on June 11, 2021)

Chapter I General Provisions

Article 1 In order to standardize the appointment, assessment and management of mediators in Qianhai International Commercial Mediation Center of Shenzhen City (hereinafter referred to as the mediation Center), strengthen the construction of mediators, and improve the level, efficiency and credibility of commercial mediation, In accordance with the mediation Rules of Qianhai International Commercial Mediation Center of Shenzhen (Trial) (hereinafter referred to as the Mediation Rules) and the Mediators' Code of Conduct (Trial) of Qianhai International Commercial Mediation Center of Shenzhen (hereinafter referred to as the Mediators' Code), these Rules are formulated to meet the needs of the development of mediation work.

Article 2 The mediators mentioned in these Rules refer to the professionals selected and hired by the mediation centers in accordance with the conditions and procedures prescribed in these Rules to provide commercial mediation services to the society.

Article 3 Mediators shall be protected by law when they engage in mediation activities in accordance with the mediation Rules and code of Mediation of the mediation Center. No organization or individual shall interfere with, or threaten the legitimate exercise of their rights.

Article 4 A mediator shall abide by laws, regulations and the Code of Mediators formulated by the mediation Center, abide by professional ethics and practice discipline, adhere to the independence and impartiality of mediation, and perform mediation duties diligently and responsibly.

Article 5 The mediation center shall be responsible for the selection, assessment, renewal, commendation, dismissal and supervision of mediators.

Daily management, assessment, service and supervision of mediators and their mediation activities shall be undertaken by the secretariat of the mediation Center.

Article 6 The mediation center shall, in accordance with these Rules and other relevant provisions, manage and serve the mediators well, respect and protect the legitimate rights and interests of the mediators, and mobilize and bring into play the enthusiasm of the mediators in their mediation work.

Chapter II Conditions of office

Article 7 The mediation center may appoint the mediators as mediators and expert mediators respectively according to their work experience, ability and professional level.

Article 8 A mediator (expert) shall meet the following requirements:

(1) Consciously abide by laws and regulations and respect the lawful rights and interests of the parties concerned;

(ii) Voluntary compliance with the Conciliation Rules, the Mediators' Code and these Rules;

(3) be of good character, fair and upright, earnest and diligent, pay attention to efficiency and be willing to engage in mediation work;

(4) A university degree or above (including a bachelor's degree) or equivalent, or a relevant professional degree and necessary legal and professional knowledge;

(5) be in good health and have enough time and energy for mediation work;

(6) The requirements may be relaxed for those who are generally under 75 years of age and in good health and with rich experience.

Article 9 A mediator shall have at least one of the following professional background requirements:

(1) To be engaged in the teaching and research of law, economy and trade and have intermediate titles or above;

(2) Engaged in economic and trade practices, familiar with relevant laws and regulations, familiar with the industry norms and professional knowledge of the field, with intermediate or above professional titles or equivalent professional level;

(3) To be engaged in the work of a lawyer, have a high professional level and a good professional reputation, and have been practicing as a lawyer for not less than 3 years;

(4) Having served as a judge or procurator, engaged in civil and commercial trials and procuratorial work, and having served as a judge or procurator for not less than five years;

(5) Have or are engaged in legislation, law enforcement or other legal practice for no less than 5 years, and have rich theoretical and practical experience.

Article 10 An expert mediator shall have at least one of the following professional background requirements:

(1) To be engaged in the teaching and research of law, economy and trade and have senior titles or above;

(2) Engaged in economic and trade practices, familiar with relevant laws and regulations, familiar with the industry norms and professional knowledge of the field, with senior titles or equivalent professional level;

(3) to be engaged in the work of a lawyer, have a high professional level and excellent professional reputation, and have been practicing as a lawyer for no less than 8 years;

(4) Having served as a judge or procurator, engaged in civil and commercial trials and procuratorial work, and having served as a judge or procurator for not less than 8 years;

(5) Have or are engaged in legislation, law enforcement or other legal practice for no less than 8 years, and have rich theoretical and practical experience.

Those engaged in foreign-related mediation work shall be proficient in at least one foreign language; For those who are professionals in short supply in the field of commercial mediation, or have senior technical positions (titles) in legal services or related professional fields, the number of years of professional (practice) experience prescribed in the preceding paragraph may be appropriately relaxed; Preference will be given to those with professional training in mediation or many years of practical experience in mediation.

Article 11 If professionals from Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan region and foreign nationality are invited to serve as mediators, the provisions of Article 8, Article 9 and Article 10 of these Rules shall be followed, and priority shall be given to the mediators under any of the following circumstances:

(1) Familiar with the laws and relevant international practices of countries and regions where foreign-related commercial disputes occur frequently in China, and have rich practical experience in resolving international commercial disputes;

(2) familiar with the relevant laws and policies of China on foreign trade and economic cooperation and investment and the frequent foreign-related commercial disputes in China;

(3) Those who can use Chinese as their working language.

Article 12 A mediator shall not be appointed under any of the following circumstances:

(1) having no or limited capacity for civil conduct;

(2) those who have been subjected to criminal punishment or are still under the influence of disciplinary punishment;

(3) having been dismissed from public office;

(4) suspected violations of discipline and law are under investigation and no conclusions have been drawn;

(5) it has not been more than three years since the punishment of suspension of practice has been imposed;

(6) violating social and professional ethics and causing adverse effects;

(7) participating in activities of illegal organizations;

(8) other circumstances in which the mediator should not be engaged in the work.

Chapter III Selection and Appointment

Article 13 The posts of mediators for each term shall be determined by the council of the conciliation center according to the needs of conciliation.

The mediation center shall select and hire mediators for each term based on the professional composition, industry composition and regional composition (including Hong Kong, Macao, Taiwan and foreign countries) determined in advance.

The mediation center shall make public the staffing, orientation and conditions of the mediators for each term at least 30 days before the recruitment begins.

Article 14 Persons who are willing to serve as mediators shall be selected by application or recommendation of relevant organizations or individuals.

The recommended candidate must obtain the consent of the mediation center before being included in the selection list. The sponsor is responsible for the business ability, character and reputation of the recommended candidates.

Article 15 the voluntary application or to act as mediator, recommended shall be according to the requirements of the way and the time limit, submit to the mediation center "hiring regulators application registration form", fill out the registration items listed, and submit the related to education, the professional qualification (certification) and professional technical position (title), and other necessary documents.

Article 16 The mediation center shall make a preliminary examination of the application materials for the candidates who apply for the position of mediator, and submit the examination opinions and appointment suggestions together with the application materials to the mediation Supervision committee for deliberation and decision.

After preliminary examination, the mediation center may request the applicant to provide explanations or supplement supporting documents on the items to be declared. Where the applicant refuses to make such explanation and provide such information, the application shall be deemed to have been abandoned.

Article 17 The selection of mediators shall be conducted by (online) interview, and the specific interview contents shall include:

(1) Whether there is mediation related experience and whether there is rich experience;

(2) whether they have the time, energy and enthusiasm to engage in mediation work;

(3) whether they have received professional training in mediation;

(4) Whether it has published articles related to mediation;

(5) Whether they have attended or held professional lectures related to mediation, etc.

Article 18 The appointment of a mediator shall be decided by a mediation supervision committee after deliberation. The appointment decision shall be valid only with the consent of more than two-thirds of the committee members.

For the adjustment or addition of part of the mediators, the decision may be made by the mediators Supervision committee.

Article 19 After the appointment decision is made, the chairman or chairman of the mediation center shall sign and issue the appointment certificate to the mediator.

After the selection and appointment of mediators for each term, the mediation center shall make and publish the List of Mediators.

The name list of mediators (with photos attached), the occupation and professional position they hold, the professional field they are good at and the type of language they work in shall be clearly stated.

Article 20 According to the need of dispute settlement and with the consent of the mediation center, the parties may jointly choose professionals other than the list of conciliators as temporary conciliators.

After the interim mediator is selected, the parties concerned shall report their basic information to the mediation center for the record.

Article 21 The term of office of a mediator is generally four years, counting from the date of issuance of the letter of appointment. The start and end dates of the term of appointment shall be stated on the certificate of appointment. The term of office of a temporary mediator shall expire on the day when the mediation of the case is concluded.

Chapter IV Assessment, Renewal and dismissal

Article 22 The mediation center shall record the performance of the mediators' duties annually, solicit and collect the evaluation of the mediators from the parties concerned, and examine and evaluate the performance of the mediators.

According to the different performance of mediators, the assessment results can be divided into four grades: excellent, competent, basically competent and incompetent. The assessment results shall be examined and approved by the chairman of the mediation Center.

If the mediator has any objection to the assessment result, he may apply to the mediator supervision committee for examination. The objection shall be decided by the majority opinion of the mediation Supervision Committee.

Article 23 If a mediator is assessed as excellent for more than two consecutive years during his/her term of office, the mediation center shall commend him/her at the end of his/her term of office and announce the commendation to the public.

The mediation center shall give special commendation to the mediators who have made outstanding achievements and major contributions in performing their mediation duties.

The commendations listed in paragraph 1 of this article shall be decided by the mediators Supervision Board; The commendations listed in paragraph 2 shall be submitted by the Mediators Supervision Board to the Mediation Center board for decision.

Article 24 When a mediator's term expires and he/she applies for continuing to serve as a mediator, the mediation center shall, according to the needs of mediation business and his/her performance during the term of office, give opinions on whether to renew the appointment and submit them to the mediation Supervision committee for deliberation and decision.

If the mediation center decides to renew the employment, the chairman or chairman of the mediation center shall issue a new employment certificate. If the appointment is not renewed, the employment relationship between the mediation center and the mediator shall be terminated automatically.

Article 25 The mediation center shall have the right to dismiss a mediator if any of the following circumstances are found to be true during his/her term of office:

(1) to be subject to criminal punishment, except for a crime of negligence;

(2) having been dismissed (dismissed) from public office, or having been revoked of relevant professional qualifications, or having lost the conditions for holding office due to punishment of suspension of practice;

(3) failing to attend the conciliation meeting to handle the case without justified reasons;

(4) forcing the parties to accept a conciliation plan in violation of the principle of neutrality during the conciliation process;

(5) accepting an invitation, gift or other benefit offered by a party to a serious extent;

(6) serious dereliction of duty or malpractice for selfish gain, causing great damage to the mediation center;

(7) resignation due to personal reasons;

(8) other circumstances in which it is inappropriate to continue to serve as a mediator in violation of the code of conduct for mediators.

If any of the circumstances mentioned in the preceding paragraph occurs in the mediation process, the mediation center has the right to order the mediator to suspend the mediation procedure and select or appoint a new mediator according to the mediation rules.

If the parties concerned jointly request the replacement of the mediator for violation of regulations, the mediation center shall re-select or designate the mediator in accordance with the mediation rules.

Article 26 The chairman of the regulatory commission shall submit the list of mediators to be dismissed and the reasons for dismissal to the Regulatory Commission for deliberation and decision. Dismissal decisions shall be valid only with the consent of more than two-thirds of the committee members.

Article 27 If a mediator is dismissed within the term of employment, the mediation center shall notify the mediator in writing. If the mediator has any objection to the dismissal, he shall apply to the mediation Supervision committee for review within 10 working days from the date of receiving the dismissal notice, and the mediation Supervision Committee shall inform the applicant of the review opinion within 10 working days from the date of receiving the review application.

Article 28 If a mediator is dismissed within the term of employment, the mediation center shall adjust the roster of mediators and publish it to the public.

Article 29 When a mediator terminates his employment relationship with the mediation center due to the expiration of his employment term or article 23 of these Rules, he may continue to handle pending mediation cases until the end of the mediation case. If he/she is unwilling to continue the mediation, the mediation center may, after obtaining the consent of the parties concerned, appoint other mediators to continue the mediation.

Chapter V Supervision

Article 30 The mediators' compliance with the mediators' rules and regulations shall be supervised by the mediation center. If the mediators discover violations or receive complaints from the parties, they shall promptly take oral reminders, admonitions, or written warnings to correct them.

Article 31 The mediation center shall, in accordance with the mediation rules, provide necessary conditions and support for the mediators to perform their mediation duties, do a good job in providing relevant services and guarantee, and shall not refuse, delay or slack in handling the reasonable requests of the mediators or matters that need to be decided by the mediators through consultation with the mediation center.

The mediators have the right to complain to the chairman, executive chairman or mediators supervision committee of the mediation center for any refusal, delay or slack in performing their duties.

Article 32 If a mediator is insulted, attacked or retaliated against by the parties in the mediation process, the mediation center shall send personnel to criticize and stop him. If the circumstances are serious and affect the continuation of the mediation, the mediator may be supported to terminate the mediation procedure.

If the mediators are illegally interfered by the relevant units or individuals while performing their duties, the mediation center shall take necessary measures of negotiation or complaint to safeguard the legitimate rights of the mediators in performing their duties.

Article 33 of the mediation center shall be made in a variety of ways, such as training, BBS, seminars etc strengthen mediators of continuing education, strengthen the mediator abide by the professional ethics and practice discipline consciousness, to master the latest laws and regulations related to the commercial conciliation skills, international conventions and mediation method, exchange of experience and promote the mediator between each other mutual learning to learn.

Article 34 The mediation center shall, in accordance with the mediation rules, safeguard the mediators' right to obtain work remuneration and shall not delay payment of work remuneration to the mediators except for justified reasons. The work remuneration distribution method of the mediator shall be stipulated separately.

Article 35 The mediation center shall establish work files for the registered mediators of each term, including the employment registration materials, mediation performance registration materials, assessment and evaluation materials, assessment results, commendation or dismissal materials, etc.

Mediators' files are not open to the public and only serve as an important basis for mediators' assessment, commendation, renewal and dismissal.

Article 36 A mediator shall have the right to inquire about his/her work files. If the mediator thinks there are any errors in the relevant records of the work file, he/she may submit a written explanation to the secretariat of the mediation Center and request for correction; Any request for correction shall be submitted by the Mediation Center secretariat to the Director of the Mediation Supervision Board for decision.

No unit or individual is allowed to check or access the files of the mediator except the mediator himself or under the circumstances prescribed by law.

Chapter VI Supplementary Provisions

Article 37 The mediation center may, in accordance with these Rules, formulate implementation rules for the selection, supervision and assessment of mediators and other links, and formulate various document formats needed for selection, assessment and supervision of mediators.

Article 38 These rules shall be formulated and revised by the mediation Center's board of directors, who shall be responsible for interpretation.

Article 39 These Rules shall take effect as of the date of promulgation.