李强签署国务院令 公布《商事调解条例》

Core Viewpoint - The "Commercial Mediation Regulations" aims to standardize commercial mediation activities, effectively resolve commercial disputes, protect the legal rights of parties involved, promote the development of the commercial mediation industry, and optimize the business environment. The regulations will be implemented starting May 1, 2026 [1]. Group 1: Definition and Scope - 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, facilitated by a commercial mediation organization [1][2]. - The regulations do not apply to disputes related to marriage and family, inheritance, guardianship, labor relations, consumer rights, or other disputes that must be resolved by other means [1]. Group 2: Organizational Structure and Responsibilities - 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 [1]. - Local judicial administrative departments at or above the county level are tasked with guiding and regulating commercial mediation work within their jurisdictions and supervising commercial mediation organizations [1][2]. Group 3: Establishment and Management of Mediation Organizations - To establish a commercial mediation organization, certain conditions must be met, including having at least five mediators and appropriate staff, a non-profit nature, and a minimum asset of 300,000 yuan [3][4]. - The application for establishing a commercial mediation organization must be submitted to the local judicial administrative department, which will review the application within 20 working days [3][4]. Group 4: Mediator Qualifications and Conduct - Commercial mediators must possess good professional qualities and meet specific qualifications, such as having legal qualifications or relevant professional knowledge and experience [8][9]. - Mediators are required to maintain neutrality, diligence, and adhere to professional ethics during mediation activities [16]. Group 5: Mediation Process and Confidentiality - Commercial mediation activities must follow principles of voluntariness, legality, integrity, and confidentiality [12]. - Mediation agreements reached through commercial mediation are legally binding, and parties are required to fulfill their obligations under these agreements [24][25]. Group 6: International Cooperation and Development - The regulations encourage the establishment of internationally influential commercial mediation organizations and promote international competitiveness [2]. - There is support for the development of commercial mediation organizations in free trade zones and the Hainan Free Trade Port, allowing foreign mediation organizations to establish business entities [28][29].