Shanghai Commercial Mediation Center

Regulations on the Training and Management of Mediators

Article 1 (Purpose)

For the purposes of standardizing the training of mediators at the Shanghai Commercial Mediation Center (hereinafter referred to as “SCMC”), establishing a professional team of mediators, and ensuring the quality of dispute mediation, this regulation (hereinafter referred to as the “Regulation”) is formulated in accordance with Shanghai Commercial Mediation Center Mediation Rules and Shanghai Commercial Mediation Center Mediator Code of Conduct, and in combination with the needs of mediation work development.

Article 2 (Management Organization)

The SCMC Management Committee (hereinafter referred to as the “Committee”) has the decision-making authority over important matters concerning training work. The training of mediators is uniformly responsible by the SCMC. The Secretariat of the SCMC is responsible for the specific work of training.

Article 3 (Training Subjects)

The Regulation applies to the mediators appointed by the SCMC. Mediators shall participate in training activities organized by the SCMC. The training of overseas mediators shall be carried out in accordance with the Regulation. The training of temporary mediators may be determined based on specific circumstances.

Article 4 (Implementing Department of Training)

The Secretariat of the SCMC is responsible for formulating training plans, organizing and conducting training, and other related coordination work.

Mediator training may be entrusted to relevant teaching or research institutions.

Article 5 (Training Content)

Mediator training includes initial training, annual training, specialized training, and other types.

The main contents of mediator training are:

1) Mediator professional ethics and theories of commercial mediation;

2) Laws, regulations, case handling procedures, and skills related to commercial mediation;

3) Professional knowledge in psychology, sociology, and other fields related to commercial mediation.

Article 6 (Training Methods)

The training of mediators is primarily conducted through lectures, exchanges, research, and other methods, specifically including:

1) Expert lectures and case guidance;

2) Academic seminars and experience sharing;

3) Other training activities organized or recognized by the SCMC.

Article 7 (Training Hour Requirements and Calculation)

Mediator training shall implement a credit system.

Mediators are required to complete a cumulative minimum of 16 credit hours of training each year; newly-appointed mediators must participate in specialized training organized or recognized by the SCMC.

Generally, each half-day of training is calculated as 4 credit hours. The specific credit hour calculation standards may be appropriately increased or decreased based on the different contents of the training, as determined by the SCMC.

If a mediator teaches classes for mediator of the SCMC, the hours spent teaching will be counted as twice the actual teaching time for the mediator's training hours.

If a mediator writes articles or publications related to commercial mediation affairs and publishes them, the credit hours will be converted based on the quality and quantity of the publications, as determined by the SCMC.

If the SCMC reaches a mutual recognition agreement with relevant institutions regarding training activities, mediators who participate in training activities organized by those institutions can offset the corresponding credit hours.

For temporary mediators who participate in training multiple times, the credit hours can be accumulated.

Article 8 (Recording and Notifying of Training Information)

The Secretariat of the SCMC shall record the types, content, time, and assessment results of mediators' participation in training in their work files. Mediators have the right to query their training records and apply for corrections if errors are found.

If a mediator fails to complete the annual training credit hours, the Secretariat of the SCMC should provide appropriate reminders based on the circumstances.

Article 9 (Application of Training Records)

The participation of mediators in training is one of the bases for evaluating their performance, whether to assign them mediation work, and the renewal or termination of their appointments as mediators.

Article 10 (Training Expenses)

Mediators can attend the annual training organized by the SCMC free of charge, except for cases where the SCMC has other regulations on training activities.

Mediators are, in principle, responsible for transportation expenses and other costs incurred due to training.

Article 11 (Right to Construe)

The Regulation is formulated by the SCMC and construed by the Committee.

Article 12 (Effective Date)

The Regulation shall enter into force on the date of issuance.

Shanghai Commercial Mediation Center

October 2012