Appointment and Assessment Management Measures of Mediators of Shanghai Commercial Mediation Center

‍

Chapter 1 General Provisions

Article 1(Purpose)

In order to regulate the appointment and assessment management of mediators of Shanghai Commercial Mediation Center (hereinafter referred to as SCMC) , establish a professional team of mediators and ensure the quality of dispute mediation, these measures are formulated in accordance with the provisions of Mediation Rules of Shanghai Commercial Mediation Center and Mediator's Code of Shanghai Commercial Mediation Center, taking into account the needs of the development of mediation work.

Article 2 (Management Organization)

The Management Committee of SCMC (hereinafter referred to as the Management Committee) shall have the right to decide on important matters such as appointment and assessment management. SCMC shall be responsible for the appointment, assessment and management of mediators. The Secretariat of SCMC shall undertake the specific work of appointment and assessment management.

Article 3 (Management Principles)

The Secretariat of SCMC shall manage and service mediators properly in accordance with these measures and other relevant provisions, respect and protect the legitimate rights and interests of mediators, and mobilize mediators to do a good job in mediation.

Chapter 2 Appointment of Mediators

Article 4 (Mediator Basic Conditions of Service)

   Mediator shall have the following basic conditions for appointment:

1. Good political quality, abide by the laws and regulations, respect the legitimate rights and interests of the parties;

2. Fair and decent, conscientious and diligent, pay attention to efficiency and volunteer to engage in mediation work;

3. Be willing to comply with the Mediation Rules, Mediator’s Code and these measures;

4. With a bachelor's degree or higher (including bachelor's degree) or equivalent, with the necessary legal and professional knowledge;

5. Be in good health and able to guarantee the time and energy for their work;

6. Generally under the age of 70. Individuals in good health and with extensive experience may have their conditions relaxed as appropriate;

7. Having undergone professional qualification training;

8. In principle, they should be proficient in one or more foreign languages, and the conditions may be appropriately relaxed for those who are in urgent need of mediation.

Article 5 (Professional Background Conditions for Mediators)

Mediators shall have one of the following professional background conditions:

1. Engaged in economic, trade, legal teaching and research work, with senior titles;

2. Engaged in economic and trade practice, understanding of relevant laws and regulations, familiar with the industry norms and professional knowledge in the field, with a senior title or equivalent professional level;

3. Worked as a judge or prosecutor, engaged in long-term civil and commercial trials and prosecutions, and served as a judge or prosecutor for at least 10 years;

4. Engaged in the work of lawyers, with a high level of business and good professional reputation, as a practicing lawyer for not less than 10 years;

5. Engaged in legislation, law enforcement or other legal practice work for not less than 10 years, with a wealth of theoretical and practical experience.

Article 6 (Conditions for Foreigners to Serve as Mediators)

Foreigners applying to serve as mediators, in addition to reference to the conditions of service of mediators of Article 4 and Article 5, but also should have a certain ability to express themselves in Chinese and understand the basic provisions of Chinese trade and commercial law. People who come from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan apply for the mediator's conditions with reference to the preceding paragraph.

Article 7(Procedures for the Selection and Appointment of Mediators)

The selection and recruitment of mediators shall be carried out in accordance with the following procedures:

1. The application to serve as mediator shall submit the Application for Mediator Registration Form, accompanied by one or two written recommendations from experts, professors, senior practitioners or professional groups in the relevant field;

2. The Secretariat of SCMC shall conduct a preliminary review of the Mediator Application Registration Form and submit the review comments and relevant written materials to the Director of SCMC, who shall submit these materials to the Management Committee for discussion and decision;

3. For the mediators decided to be appointed by the Management Committee, SCMC will issue a letter of appointment to the mediators, put their names on the panel of mediators, and publish it on the website of SCMC and relevant media.

Article 8 (Procedure for the Appointment of Temporary Mediators)

SCMC may, based on the recommendation of the parties to the case and the provisions of the relevant appointment conditions of these measures, decide whether to agree to appoint a person outside the Panel of Mediators of SCMC to serve as a temporary mediator. The appointment shall comply with the regulations of Mediation Rules.

Article 9 (Term of Office of Mediators)

The term of office of a mediator shall normally be four years from the date of issuance of the appointment letter. Temporary mediator of the case, the term of office until the date of the conclusion of the case mediation.

Article 10 (Renewal of Mediators' Appointment)

Upon expiration of the appointment of a mediator, the Secretariat of SCMC shall propose whether to continue the appointment of the mediator based on the performance of the mediator's duties during the term of office and the work needs of SCMC, and submit it to the Management Committee for decision. For mediators who decide to renew their appointment, SCMC shall reissue the appointment letter. If the appointment is not renewed, the appointment relationship between SCMC and the mediator shall be automatically terminated.

Article 11 (Handling of Unfinished Business)

When a mediator terminates his or her employment with SCMC for reasons such as expiration of the employment, he or she may continue to handle any unfinished mediation case until the case is completed; if he or she does not wish to continue, SCMC may appoint other mediators to continue mediation with the consent of the parties.

Article 12 (Remuneration of Mediators )

Mediators should be paid according to their work. The amount of remuneration shall be determined according to the time of the mediation work or the subject matter of the case and other factors. The method of payment of remuneration shall be separately formulated by SCMC.

Chapter 3 Assessment and Management of Mediators

Article 13 (Criteria for Assessment and Management)

SCMC shall assess mediators in accordance with Mediation Rules, Mediator's Code, and these measures.

Article 14 (Work Files)

The Secretariat of SCMC shall establish the work files of mediators to record the work of mediators.

Article 15 (Assessment of Mediators)

The Secretariat of SCMC shall assess the performance of mediators on an annual basis, and the results of the assessment shall be used as the basis for rewarding, renewing and dismissing mediators. The specific assessment methods shall be separately stipulated by the Management Committee.

Article 16 (Inquiries and Objections to Work Files)

Mediators have the right to inquire about their work files. If a mediator believes that there is an error in relevant records of the work file, he or she may submit a written explanation and request for correction to the Secretariat of SCMC; the Secretariat of SCMC shall report the request for correction to the Director of SCMC for decision.

If the mediator disagrees with the assessment result, he or she may apply for a review by the Management Committee, which shall decide whether the disagreement is valid or not by a majority of the opinions of the Management Committee.

Article 17 (Penalties for Mediators)

Mediators who violate Mediation Rules, Mediator’s Code and these measures shall be prompted or dismissed according to the circumstances.

Article 18 (Dismissal of Mediators)

SCMC can terminate the employment of a mediator who has one of the following circumstances within the term of appointment, which are proven to be true:

1. Subject to criminal punishment, except for crimes of negligence

2. Has been dismissed from public office or having the relevant qualification for practice revoked

3. Failing to attend mediation meetings for cases without valid reasons

4. In the mediation process, contrary to the principle of neutrality, forcing the parties to accept the settlement proposal

5. Accepting treats, gifts or other benefits provided by the parties, in serious circumstances

6. Other circumstances that violate Mediator's Code and make it inappropriate to continue serving as a mediator.

The Director of SCMC shall submit the list of mediators to be dismissed to the Management Committee for consideration and decision.

Article 19 (Notification and Publication)

If a mediator is dismissed during the employment period, SCMC shall notify the mediator in writing. The adjustments of the panel of mediators shall be posted on the website of SCMC.

Article 20 (Recognition of Mediators)

SCMC will recognize mediators who have made special contributions to the mediation work. Recognition shall be posted on the website of SCMC.

Chapter 4 Supplementary Provisions

Article 21 (Right of Interpretation)

These measures are formulated by SCMC and interpreted by the Management Committee of SCMC.

Article 22 (Enforcement Period)

These measures shall come into force on the date of their issuance.

Shanghai Commercial Mediation Center

October 2012