商事调解条例

Group 1 - 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 [2] - Commercial mediation activities refer to voluntary and friendly negotiations to resolve disputes in areas such as trade, investment, finance, transportation, real estate, engineering, and intellectual property, excluding family, inheritance, guardianship, labor, consumer rights disputes, and other disputes that should be resolved by other means [2] - The commercial mediation industry development adheres to the policies and decisions of the Party and the state, serving the high-quality development and high-level opening up of the country [3] Group 2 - The State Council's judicial administrative department is responsible for guiding and regulating national commercial mediation work and planning the development of the commercial mediation industry [3] - Local judicial administrative departments at or above the county level are responsible for guiding and regulating commercial mediation work within their administrative regions and supervising commercial mediation organizations [3] - The state aims to cultivate internationally influential commercial mediation organizations to enhance their international competitiveness [3] Group 3 - The establishment of commercial mediation organizations requires compliance with specific conditions, including being a non-profit legal entity, having a standardized name containing "commercial mediation," possessing assets of over 300,000 yuan, and employing at least five mediators [6][8] - The application process for establishing a commercial mediation organization involves submitting an application to the local judicial administrative department, which must review the application within 20 working days [6][8] - Commercial mediation organizations must maintain internal management systems for business management, conflict of interest review, and complaint handling [10] Group 4 - Commercial mediation activities must adhere to principles of voluntariness, legality, integrity, and confidentiality [11] - Parties involved in a commercial dispute can apply for mediation from a commercial mediation organization, and if one party explicitly refuses mediation, it cannot proceed [11] - Commercial mediation organizations may charge mediation fees, which should be based on fairness and reasonableness and made public [12][13] Group 5 - Commercial mediation agreements reached through mediation have legal binding force, and parties are required to fulfill them [18] - Parties can apply for judicial confirmation of the commercial mediation agreement according to relevant provisions of the Civil Procedure Law of the People's Republic of China [18] - The regulation encourages commercial mediation organizations to establish business institutions abroad and engage in international commercial mediation activities [19] Group 6 - The regulation will come into effect on May 1, 2026, and organizations already engaged in commercial mediation must comply with the new regulations within one year of its implementation [24][31]