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昆明市致和商事调解院入驻西山法院
Xin Lang Cai Jing· 2026-01-07 22:25
仪式现场,西山法院与致和商事调解院签署协议,并为"昆明市致和商事调解院驻昆明市西山区人民法 院调解工作室"揭牌。 据悉,昆明市致和商事调解院是由昆明市律师协会举办设立的商事调解机构。此次入驻,既是西山法院 坚持和发展新时代"枫桥经验"的创新举措,也是对《商事调解条例》"推进专业化商事调解服务,完善 多元解纷机制"要求的贯彻落实,有效破除了商事纠纷"化解周期长、维权成本高"的痛点,为打造"法院 +律师行业"多元解纷新格局进行的有益探索。 本报讯 通讯员张庆圆报道 近日,昆明市致和商事调解院(以下简称"致和商事调解院")入驻西山区人 民法院签约暨揭牌仪式在西山法院举行。 ...
全文|商事调解条例
Xin Lang Cai Jing· 2026-01-06 09:32
本条例所称商事调解组织,是指依照本条例规定设立,不以营利为目的开展商事调解活动的组织。 第三条 商事调解行业发展贯彻落实党和国家路线方针政策、决策部署,坚持为民服务宗旨,服务国家 高质量发展和高水平对外开放。 第四条 国务院司法行政部门负责指导、规范全国商事调解工作,统筹规划商事调解行业发展。 新华社北京1月6日电 商事调解条例 第一条 为了规范商事调解活动,有效解决商事争议,保护当事人合法权益,促进商事调解行业发展, 优化营商环境,制定本条例。 第二条 本条例所称商事调解活动,是指在商事调解组织主持下,当事人自愿友好协商解决贸易、投 资、金融、运输、房地产、工程建设、知识产权等领域商事争议的活动。婚姻家庭、继承、监护、劳动 人事、消费者权益争议以及依法应当以其他方式解决的争议,不适用商事调解。 县级以上地方人民政府司法行政部门负责指导、规范本行政区域内商事调解工作,加强对商事调解组织 开展商事调解活动的监督管理。 第五条 商事调解行业自律组织依照法律法规和章程开展行业自律,接受司法行政部门的指导、监督。 第六条 国家培育有国际影响力的商事调解组织,提升商事调解组织的国际竞争力。 司法行政部门会同有关部门加强 ...
【省司法厅】陕西商事调解试点工作取得阶段性成效
Shan Xi Ri Bao· 2025-12-26 00:23
Group 1 - The core viewpoint of the article highlights the successful mediation of over 4,200 commercial cases with a total value exceeding 2.53 billion yuan as of the end of November, indicating the effectiveness of the commercial dispute resolution system in Shaanxi [1] - The Shaanxi Provincial Justice Department has established five commercial mediation organizations in Xi'an, Baoji, and Yulin to initiate pilot mediation work, aiming to create a structured and supportive framework for resolving commercial disputes [1] - The pilot program emphasizes the importance of resolving conflicts and maintaining social harmony, with a comprehensive management process for commercial disputes that includes acceptance, mediation, and enforcement [1] Group 2 - The Shaanxi Provincial Justice Department has formed strategic partnerships with various organizations and established online and offline platforms for collaboration, enhancing the support for commercial mediation [2] - The establishment of the "Chang'an·Rome" legal service alliance aims to foster international cooperation in commercial mediation, exploring a dual mediation model for foreign-related commercial cases [2] - Future efforts will focus on building a brand for Shaanxi commercial mediation, contributing to the creation of a market-oriented, rule-of-law, and international business environment [2]
汇聚政校研智慧,法治蓝皮书首揭深圳商事调解答卷
Sou Hu Cai Jing· 2025-12-11 10:56
Core Viewpoint - Shenzhen's commercial mediation is a key component of its diversified dispute resolution mechanism, supporting the optimization of the legal business environment and promoting high-quality economic development [1][4]. Group 1: Report Overview - The "Shenzhen Blue Book: Shenzhen Legal Development Report (2025)" was jointly published by the Shenzhen Academy of Social Sciences and the Social Sciences Academic Press, systematically summarizing Shenzhen's legislative and legal development under the "Dual Zone" construction context [3]. - The "Shenzhen Commercial Mediation Development Report" is the first of its kind, led by the Shenzhen Judicial Bureau in collaboration with various academic institutions, filling a gap in urban-level comprehensive research in this field [1][3]. Group 2: Practical Achievements - Shenzhen's commercial mediation has shown a distinct characteristic of "accelerating from the start and steadily improving quality," with significant progress in system improvement, institutional cultivation, team building, and quality enhancement [7]. - The implementation of the "Shenzhen Special Economic Zone Multi-Dispute Diversification Resolution Regulations" provides a solid legal guarantee for the establishment and healthy development of commercial mediation organizations, propelling the work into a "fast lane" [7]. - As of September this year, Shenzhen has registered 54 commercial mediation organizations and has 3,885 registered mediators, including 365 from Hong Kong, Macau, Taiwan, and foreign countries, handling 317,350 disputes involving approximately 113.72 billion yuan [7]. Group 3: Future Development - To build an international commercial dispute resolution hub, Shenzhen is developing a one-stop international legal service system in the He Tao Shenzhen-Hong Kong Science and Technology Innovation Cooperation Zone, providing support for commercial mediation organizations [8]. - There is an increasing demand for high-quality commercial mediation services due to the growing number of market entities and the increasing complexity of commercial disputes [8]. - The Shenzhen Judicial Bureau aims to accelerate the introduction of specialized commercial mediation legislation, enhance the professional level of mediators, stimulate market demand, and improve the digitalization of commercial mediation services [8].
为企业解纷做减法 为商业增值做加法
Nan Fang Du Shi Bao· 2025-11-03 23:07
Core Points - The Guangdong Provincial Government has recognized 100 outstanding collectives and individuals for their contributions to the construction of the Guangdong-Hong Kong-Macao Greater Bay Area [3] - Zhu Hong, the chairperson of the He Tao International Commercial Mediation Center, has been acknowledged for her role in promoting commercial mediation as a new avenue in the legal industry [4][5] Group 1: Commercial Mediation - Commercial mediation is seen as a "blue ocean" opportunity, providing a new pathway for the legal industry [5] - The mediation process not only resolves business disputes but also creates commercial value for enterprises [6] - The shift from adversarial legal representation to facilitative mediation requires lawyers to understand the underlying needs of both parties involved [6][7] Group 2: Development of the Mediation Center - The He Tao International Commercial Mediation Center was established in April 2022 as a third-party dispute resolution organization in Shenzhen [4] - The center operates under principles of independence, neutrality, voluntariness, confidentiality, and efficiency, promoting a "mediation first" approach [4] - In its first three years, the center has faced challenges such as funding and establishing operational protocols, which have been addressed through collaboration and resource optimization [8][9] Group 3: Achievements and Future Prospects - Since its operation began in March 2023, the mediation center has handled 30,000 cases with a total value of approximately 28 billion yuan, covering various commercial sectors [10] - The center has established partnerships with 76 mediators from Hong Kong and Macau, as well as 10 international mediators, enhancing its operational capacity [10] - Zhu Hong envisions the center evolving into a multifunctional platform focused on foreign legal services, aiming to attract international legal institutions [11][12]
深圳罗湖:开展商事调解主题培训,以法治之力优化营商环境
Sou Hu Cai Jing· 2025-10-21 12:52
Core Viewpoint - The training session held on October 17 aims to deepen the reform of the commercial mediation system in Shenzhen's Luohu District, promoting the standardized construction of mediation organizations to help local enterprises efficiently resolve disputes and create a market-oriented, law-based business environment [1]. Group 1: Training Focus - The training focused on the standardized development needs of commercial mediation, covering three main modules: the definition and development of commercial mediation, the current status of commercial mediation in Luohu District, and mainstream development trends in commercial mediation [3]. Group 2: Legal Framework and Advantages - The speaker elaborated on the core points of commercial mediation, including legal definitions, applicable scope, organizational establishment conditions, and procedures, clarifying the differences between commercial mediation and people's mediation [5]. - Through case analysis, the unique advantages of commercial mediation were highlighted, such as flexibility, efficiency, confidentiality, cost reduction, and the restoration of business relationships, positioning commercial mediation as one of the "three pillars" of commercial dispute resolution alongside litigation and arbitration [5]. Group 3: Current Status and Challenges - As of now, Luohu District has established 19 commercial mediation organizations with 584 mediators, and the number of cases accepted has significantly increased in the first three quarters of 2025, showcasing several mediation institutions with professional characteristics in finance and intellectual property [5]. - Challenges identified include the need to enhance the marketization of case sources, strengthen industry self-discipline mechanisms, and build a professional talent pool [5]. Group 4: Complaint Analysis and Education - The "Complaint Case Analysis and Warning Education" segment provided insights into recent typical complaint cases in commercial mediation, addressing issues such as non-standard procedures and insufficient neutrality, serving as a warning for mediation organizations [6]. Group 5: Interactive Discussion and Future Directions - The interactive session allowed participants to discuss practical issues in standardized construction, focusing on adapting to future regulatory requirements, improving internal management systems, and enhancing service quality [10]. - The training outlined a path for the advancement of commercial mediation towards intelligence, legality, branding, and standardization, including exploring AI-enabled mediation, creating specialized service brands, applying a series of group standards, and strengthening full-process supervision [10].
海州区:精织商事解纷“一张网” 打造营商环境“强引擎”
Xin Hua Ri Bao· 2025-08-20 22:29
Group 1 - The core theme of the recent seminar was "Trends in Commercial Mediation and Enhancing Cognitive Skills," focusing on efficient resolution of commercial disputes [1] - The Haizhou District Judicial Bureau has been optimizing the business environment on a legal basis, supporting fair market competition and promoting high-quality development [1][2] - Various legal service initiatives have been launched, including customized lectures and legal risk assessments, benefiting over 100 businesses and issuing more than 600 legal handbooks in the first half of the year [1][2] Group 2 - The Haizhou District Judicial Bureau has established a multi-faceted dispute resolution system, integrating people’s mediation, commercial mediation, and administrative mediation, achieving a 95% success rate in mediation this year [2] - A one-stop non-litigation service platform has been created to streamline dispute resolution processes, enhancing efficiency in conflict resolution [2] - The district plans to accelerate the construction of commercial mediation mechanisms, focusing on policy empowerment, talent development, and expanding legal awareness [3]
服务民营企业 优化营商环境 栾川县商事调解中心挂牌运营
Sou Hu Cai Jing· 2025-06-30 13:26
Core Viewpoint - The establishment of the Luanchuan Commercial Mediation Center aims to enhance the role of people's mediation in supporting the development of private enterprises and optimizing the legal business environment [1][2] Group 1: Establishment and Purpose - The Luanchuan Commercial Mediation Center is the first specialized commercial dispute mediation organization in Luoyang, initiated by the Luanchuan Notary Office and approved by the Luanchuan Judicial Bureau [1] - The center is designed to provide a low-cost, less adversarial, and cooperative approach to resolving commercial disputes for various business entities [1] Group 2: Mediation Services and Team Composition - The center's mediation services are characterized as independent, fair, professional, efficient, economical, and flexible, addressing disputes in trade, investment, engineering, insurance, real estate, technology transfer, finance, and intellectual property [1] - A professional team of mediators is composed of retired judges, prosecutors, practicing lawyers, and legal experts in relevant fields [1] Group 3: Regulatory Framework and Support - Following the center's establishment, the Luanchuan Judicial Bureau, in collaboration with the county court, labor union, and business association, has developed implementation opinions to enhance the legal business environment through the mediation organization [1] - The implementation opinions focus on organizational structure, team building, institutional guarantees, and mechanisms to ensure the center's operational development [1]
东方国际商事调解研讨会成功举办,“001号”商事调解组织战略发展再上台阶
Sou Hu Cai Jing· 2025-06-15 07:39
Group 1 - The Shanghai Oriental International Commercial Mediation Institute and the Shanghai Law Society Litigation Law Research Association co-hosted a seminar focused on promoting international cooperation in commercial mediation and supporting the sustainable development of the multilateral trade system [1] - The seminar aimed to enhance the global attractiveness of Chinese commercial mediation and to discuss strategies for achieving a harmonious new landscape in global commercial affairs [1] Group 2 - The Oriental Mediation Institute appointed key figures to its Strategic Advisory Committee and Professional Working Committee, which will provide decision-making support and specialized assistance in areas such as intellectual property, cross-border investment, and financial securities [3] - The establishment of these committees is intended to facilitate the professional development of the Oriental Mediation Institute and to support the resolution of complex cases [3] Group 3 - The Oriental Mediation Institute signed strategic cooperation agreements with various organizations, including the Shanghai Arbitration Commission and the Shanghai Bar Association, to enhance mediation efficiency and attract skilled professionals [4][5] - These agreements aim to streamline the mediation process, improve evidence collection, and promote the "mediation first" approach in intellectual property disputes [4][5] - The collaboration with the China-Germany Chamber of Commerce will focus on providing quality mediation services for cross-border disputes between Chinese and German enterprises, enhancing the credibility of Chinese commercial mediation abroad [5] Group 4 - The Oriental Mediation Institute aims to optimize its operations and enhance its professional capabilities to compete in both domestic and international markets, positioning itself as a leading provider of commercial mediation services in the Asia-Pacific region and beyond [5]
优化杨浦营商环境,他们在商事协调领域下足功夫
Sou Hu Cai Jing· 2025-05-10 07:12
Core Viewpoint - Yangpu District is focusing on enhancing the business environment through effective commercial mediation mechanisms to resolve business disputes and promote industrial development [1] Group 1: Multi-dimensional Collaborative System - The "Harmony" plan for commercial mediation emphasizes a "mediation first" approach, benefiting 136 entities including major companies like Meituan and Wanda in economically active areas [4] - A "multi-dimensional" linkage mechanism is being established, involving various mediation committees to address disputes related to intellectual property, service contracts, consumer complaints, and labor disputes [4] - The establishment of a "1+12" mediation network aims to facilitate collaboration between district-level mediation committees and street-level mediation workstations [4] Group 2: Optimizing Supply and Demand Matching - A "demand-service" matching mechanism is being implemented to connect mediation associations with innovation parks, providing on-site services to prevent and resolve business disputes [5] - The introduction of a one-stop dispute resolution service in major business circles aims to enhance convenience for consumers and businesses [5][6] Group 3: Strengthening Regulation and Long-term Development - The district judicial bureau is enhancing the cultivation and guidance of commercial mediation organizations, improving operational standards and transparency [10] - A "mediation + notarization" mechanism is being explored to strengthen the enforceability of mediation agreements, in collaboration with local courts and notary offices [10] - Commercial mediation is recognized as an efficient, convenient, and cost-effective dispute resolution method, gaining widespread application in the Yangpu commercial sector [10]