Resolving a dispute by mediation in the PRC is one of the most effective ADR methods involving neutral parties (i.e. mediators). The outcome of proceedings depends on a mediator; hence, choosing one must be approached very responsibly.
Typically, civil mediation committees (CMCs) are responsible for overseeing mediators involved in resolving civil disputes in the PRC. Pursuant to the Mediation Act, civil mediators can be:
- CMCs’ commissioners;
- CMC-authorized personnel.
Civil mediators should be:
- of age;
- decent & honest;
- sufficiently educated;
- legally savvy.
Qualifying as a mediator in commercial disputes requires enrolling in commercial mediation organizations. Accreditation requirements may vary & depend on a particular organization’s rules.
Normally, mediators involved in settling commercial disputes in the PRC are required to:
- have good interpersonal skills;
- have an indepth knowledge of regulations & laws;
- defend state & society’s interests;
- defend parties’ legal interests & rights.
Also, mediators are required to comply with education & age criteria. Potential candidates must also undergo training provided by commercial mediation institutions.
Mediators are legally required to:
- be fair & independent while settling disputes by mediation in the PRC;
- inform parties about any conflict of interest prior to & during a mediation;
- abide by confidentiality criteria;
- refrain from engaging in any acts of corruption & abide by the country’s legislation.
Settling a dispute through mediation in the PRC provides parties with an opportunity to contest mediators’ credibility with regard to any of the above transgressions. In extreme cases, mediators can be held personally accountable.
Entering into a mediation agreement in China isn’t obligatory. Settling disputes by CMCs or commercial mediation institutions requires submitting a request for mediation. Also, no supplementary agreements with mediators need to be signed.
Mediators are legally required to divulge information pertaining to potential conflicts of interests. Situations like these may involve relations between mediators & parties’ representatives/lawyers, parties themselves or related individuals or legal personalities.
Should you require additional info on mediation regulation in the PRC or a consultation on dispute resolution by mediation in the PRC, please do not hesitate to contact IQ Decision UK. Our experts are always ready to provide you with the necessary support at all stages of dispute settlement in Asia.