全文｜商事调解条例

Core Points - The regulation aims to standardize commercial mediation activities, effectively resolve commercial disputes, protect the legal rights of parties, promote the development of the commercial mediation industry, and optimize the business environment [1][29] - Commercial mediation activities refer to voluntary and friendly negotiations to resolve disputes in areas such as trade, investment, finance, transportation, real estate, construction, and intellectual property, excluding family, inheritance, guardianship, labor, consumer rights disputes, and other disputes that should be resolved by other means [1][29] Group 1 - The regulation defines commercial mediation organizations as non-profit entities established according to the regulation to conduct mediation activities [2][30] - The development of the commercial mediation industry aligns with national policies and aims to serve high-quality development and high-level opening-up [3][30] - The State Council's judicial administrative department is responsible for guiding and regulating national commercial mediation work and planning the industry's development [3][31] Group 2 - The regulation encourages the establishment of self-regulatory organizations within the commercial mediation industry to conduct self-discipline in accordance with laws and regulations [4][32] - The government aims to cultivate internationally influential commercial mediation organizations to enhance their global competitiveness [5][33] - The judicial administrative department will promote the use of mediation to resolve commercial disputes and support regions in developing the industry through resources like talent and technology [6][34] Group 3 - The regulation outlines the conditions for establishing commercial mediation organizations, including being a non-profit entity, having a proper name, a physical address, assets of at least 300,000 yuan, and a minimum of five mediators [8][36] - The application process for establishing a commercial mediation organization involves submitting an application to the local judicial administrative department, which must review it within 20 working days [8][37] - Changes to the name, address, or articles of association of a commercial mediation organization must be legally processed [9][38] Group 4 - The regulation mandates that commercial mediation organizations must maintain internal management systems for business management, conflict of interest review, and complaint handling [13][41] - The mediation activities must adhere to principles of voluntariness, legality, integrity, and confidentiality [15][43] - Commercial mediation organizations can charge fees, which must be fair and reasonable, and publicly disclosed [16][44] Group 5 - The regulation encourages the use of technology such as artificial intelligence and big data to improve the quality and efficiency of commercial mediation [19][45] - Mediation agreements reached through commercial mediation have legal binding force, and parties are required to fulfill them [22][48] - The regulation supports the establishment of business institutions by commercial mediation organizations abroad to conduct mediation activities [24][49] Group 6 - The regulation emphasizes the importance of training for mediators and the international recognition of their capabilities [25][51] - The regulation supports the integration of mediation rules and mechanisms in the Guangdong-Hong Kong-Macao Greater Bay Area to promote collaborative development [26][52] - The regulation outlines penalties for unauthorized mediation activities and non-compliance with the established procedures [28][52]