Shanghai Commercial Mediation Center(“SCMC”)

Mediator Code of Conduct

Article 1:

Mediators shall fully respect the parties' autonomy in terms of both the mediation procedure and the outcome, conducting the mediation process independently and impartially.
 

Article 2:

Mediators shall be neutral enough to refrain from representing any party involved.

Article 3:

Mediators shall handle cases subject to the procedures prescribed by the mediation rules.

Article 4:

Mediators shall guide the parties involved to reduce their differences gradually based on mutual understanding and compromise, adhering to the spirit of "Business is Business and Harmony is the Most Precious".

Article 5:

Mediators shall not force the parties to reach a settlement agreement.

Article 6:

Mediators shall strictly keep confidential any commercial secrets and privacy of the parties involved. Unless otherwise agreed by the parties, mediators shall not disclose any information related to the mediation process.

Article 7:

Mediators shall not accept invitations, gifts, or other benefits from the parties involved.

Article 8:

Where a mediator has a conflict of interest or any other relationship that may impact the impartiality of a case, the mediator shall promptly disclose such information to the SCMC and request recusal.

Article 9:

If the mediation fails, the mediator assigned to the case shall not act as a representative for any party involved in subsequent arbitration or litigation proceedings, nor shall they serve as an arbitrator or witness in the case, except as otherwise provided by law.

Article 10:

With the approval of the Director of the SCMC, a mediator may withdraw from the mediation process; otherwise, the mediator shall not engage in activities in the name of the SCMC.