受权发布丨商事调解条例

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 [2] - Commercial mediation activities refer to voluntary and friendly negotiations to resolve disputes in various fields such as trade, investment, finance, transportation, real estate, construction, and intellectual property [2] - The regulation emphasizes the development of the commercial mediation industry in line with national policies and aims to serve high-quality development and high-level opening up [3][4] Summary by Sections - 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 [2] - Local judicial administrative departments are tasked with supervising and managing commercial mediation activities within their jurisdictions [2] - Commercial mediation organizations must meet specific conditions, including being non-profit, having a standardized name, and possessing a minimum asset of 300,000 yuan [8][7] - The establishment of commercial mediation organizations requires an application to the local judicial administrative department, which must be reviewed within 20 working days [5] - Commercial mediation organizations must maintain internal management systems for business management, conflict of interest review, and complaint handling [10] - Commercial mediation activities should adhere to principles of voluntariness, legality, integrity, and confidentiality [12] - Commercial mediation agreements have legal binding force, and parties are required to fulfill them [20] - The regulation encourages the use of technology such as artificial intelligence and big data to improve the quality and efficiency of commercial mediation [16] - The regulation supports the establishment of business institutions by commercial mediation organizations abroad and encourages cooperation with international organizations [21][25]