The Beijing Arbitration Commission Mediation Center(hereinafter referred to as "the Center")is a non-profit social organization providing mediation service established by the Secretariat of the Beijing Arbitration Commission for the promotion of dispute resolution by mediation, to improve the self-governance of industries and social harmony.
All contractual disputes or other disputes over rights and interests in property between natural persons, legal persons and other organizations may be referred to the Center for mediation.
Where parties to a dispute provide for mediation of the dispute by the Center, these Rules shall apply. If the parties have agreed to the application of a different procedure or a different set of mediation rules, their agreement shall prevail.
These rules shall not apply in the conciliation presided over by an arbitral tribunal during the process of arbitration.
Mediation shall follow the principle of voluntary participation by the parties.
Where the parties apply and the Center consents, the Center may conduct mediation jointly with other dispute settlement organizations, or mediate disputes jointly or solely at the invitation or with the entrustment of other organizations.
The Center accepts cases based upon the Request for Mediation by one or more parties.
The party applying for mediation with the Center should submit the following documents:
(1) a written Request for Mediation, which shall include:
(a) the names, addresses, zip codes, telephone numbers, facsimile numbers and any other convenient means of contact of the parties involved;
(b) the requirements and the facts of the relevant dispute;
(2) other relevant documents or evidence, which can be declared as exclusive reference for the mediator;
(3) proof of the party's identity.
The party filing a Request for Mediation shall include with the Request a registration fee.
Upon accepting the case, the Center shall deliver to each party the Notification of Mediation, these Rules and the Panel of Mediators.
Within 10 days of the receipt of the Notification of Mediation, the other party shall submit to the Center the following documents:
(1) its written opinion on whether the dispute shall be submitted to the Center for mediation;
(2) its written opinion on the requirements of the counter party;
(3) other relevant documents or evidence, which can be declared as the reference only for mediator;
(4) proof of the party's identity.
Any written documents submitted as exclusive reference for the mediator shall be submitted in one copy. If there are two or more mediators, the copies shall be added accordingly.
Other documents not being declared as exclusive reference for the mediator shall be submitted in two copies, one of which shall be delivered to the other party. If there are two or more counter parties or mediators, additional copies shall be added accordingly.
Where there is an agreement between the parties to refer their disputes to the Center for mediation, the progress of the mediation shall not be affected if the other party fails to submit its written documents according to Article 9.
Where there is no agreement between the parties to refer their disputes to the Center for mediation, the other party shall be deemed as having declined mediation if it fails to clearly express consent to mediation within the time limit set forth in Article 9. If the other party agrees to mediation after the expiry of the time limit, authorization to continue the mediation proceedings shall be decided by the Center.
The mediation shall be conducted by one mediator unless the parties agree otherwise.
The Center maintains a Panel of Mediators for the parties to choose. The parties can also choose mediators from outside the Panel of Mediators.
The parties shall provide the Center with the mediator's necessary means of contact if they choose the mediator from outside the Panel of Mediators.
If the parties fail to jointly nominate or jointly authorize the Chairman of the Center to appoint the mediator within 15 days of the receipt of the Notification of Mediation, they shall be deemed as having declined mediation, unless the parties agree otherwise.
Within 10 days of the receipt of the Notification of Mediation by the parties, they shall deposit in equal proportion to the Center the mediation fee according to the Mediation Fee Schedule. If the parties agree otherwise on the proportions of mediation fee deposits, their agreement shall prevail.
If any party fails to deposit the mediation fee, that party shall be deemed as having declined mediation.
If a mediator, having decided to accept the parties' nomination or the Chairman's appointment, is aware of circumstances relating to the parties or their authorized representatives which might lead any one of the parties to doubt the mediator's independence or impartiality, the mediator shall disclose those circumstances in writing.
The mediator shall resign upon the request of either party. The parties shall nominate another mediator within 10 days of the receipt of the notification of re-nomination. If the parties fail to jointly re-nominate or jointly authorize the Chairman of the Center to re-appoint the mediator, the mediation process shall terminate.
If either party engages a representative to participate in the mediation proceedings on its behalf, that party shall submit a Power of Attorney to the Center.
Mediation proceedings shall be conducted in private, unless the parties agree otherwise. A record shall not be taken for the mediation process.
The mediators, the parties and their authorized representatives, witnesses, experts as well as staff of the Center and other participant(s) in mediation shall have the burden to keep all the issues about the mediation in secret.
When the mediator receives information concerning the dispute from a party while the other party to the mediation is absent, the mediator may disclose that information to the other party in order that the other party may have the opportunity to present any corresponding explanation unless the party giving the information clearly opposes disclosure thereof or requests for confidentiality.
The mediator shall treat the parties equally and fairly, and help them settle the disputes.
The mediator may conduct the mediation proceedings in such a manner as the mediator considers appropriate, taking into account the circumstances, any wishes that the parties may express and the need for a speedy settlement of the dispute, including but not limited to：
(1) Meeting with the parties or representatives separately or collectively in conducting mediation;
(2) Requesting the parties to submit supplementary materials and written opinions;
(3) Requesting the parties to propose oral or written recommendations or plans for settlement;
(4) With prior approval by the parties, engaging relevant experts to provide consulting advice or an appraisal opinion with respect to technical issues;
(5) Offering the parties a settlement proposal or suggestion.
Expenses arising in relation to experts of relevant industries engaged in mediation work shall be deposited and borne by the parties.
Mediation sessions shall be conducted at the Center's premises. It may be conducted in other places if the parties so agree. The expenses incurred thereof shall be borne by the parties.
The parties may, by agreement, set a time limit for the mediation. The mediator may also set a time limit for the mediation with the consent of the parties.
Where there is no specific time limit for mediation set by the parties or the mediator, the mediator shall complete the mediation within 30 days of the date of his/her appointment or nomination, unless the parties agree upon a suitable extension of the time limit.
If the parties reach a settlement through mediation, they shall sign a settlement agreement. The settlement agreement shall be binding upon the parties.
The parties can apply for arbitration to the Beijing Arbitration Commission by submitting an arbitration agreement and request the arbitral tribunal to render an arbitral award or a conciliation statement following the content of the settlement agreement.
Mediation proceedings shall be terminated if any of the following circumstances arises:
1.The parties declined mediation;
2. The parties have reached a settlement agreement;
3. The mediator concludes that it is unlikely to have successful mediation and declares in writing to terminate the mediation proceedings;
4. The parties or one party declares in writing to the mediator that the mediation proceedings shall be terminated; or
5. The term of mediation expires, unless the parties agree to extend the time limit.
Any party shall not in any manner produce any statements, views, opinions or proposals put forward by the parties or the mediator, for the purpose of reaching a settlement, in the course of mediation, as grounds for claim(s), defense(s) or counterclaims in any subsequent arbitration proceedings or judicial proceedings.
The parties shall not request the mediator to act as a witness in the subsequent proceedings.
The mediator may not act as an arbitrator, judge or as one party's representative in the subsequent arbitration or litigation proceedings, unless the parties agree otherwise.
The costs of the mediation and other expenses agreed to be borne by the parties, including but not limited to the costs set forth in Article 20, 21 shall be borne in equal shares by the parties, unless the parties agree otherwise.
The costs are generally paid in accordance with the Mediation Fee Schedule of the Center. If the parties and the mediator(s) make an agreement upon the Remuneration of the Mediator(s), this portion of cost shall be paid according to their agreement.
The language of the mediation shall be Chinese, unless the parties agree otherwise and bear the resulting expenses.
These Rules shall be interpreted by the Center.
These Rules shall come into force as of September 28, 2011.