Publish time: Wed May 04 09:14:04 CST 2016
On December 25 2015, the 2015 Mediators Forum was successfully held by the Beijing Arbitration Commission / the Beijing International Arbitration Center (the “BAC”). The forum was moderated by BAC mediator Mr. Peng Lisong. Part of mediators of the BAC Mediation Center (the “Mediation Center”), Dr. Chen Fuyong, Deputy Secretary General of the BAC, Mr. Zhang Haoliang, Director of the BAC and BAC staffs have attended the event.
Mr. Yang Zaixue Mr. Peng Lisong
The Forum consisted of three sections. Firstly, Mr. Xu Jie who is in charge of the Mediation Center presented the Mediation Center’s annual report of the past year. The report introduced the change of the Mediation Center’s business mainly from perspectives of the caseload, the disputed amount and the case categories throughout the year of 2015, and also addressed on the opportunities and challenges of non-governmental mediation institutions with reference to the recently implemented case-filing registration system of courts.
Mr. Liu Yong Mrs. Jin Fengju
Mr. Chu Ouya Mr. Xu Jie
Thereafter, Mr. Liu Yong and Mrs. Jin Fengju, mediators of the Mediation Center, shared two independent mediation cases they have experienced. Mr. Liu specifically shared his understanding of how mediators conclude substantive disputes and core issues in independent mediations, as well as the importance of independent mediation in promoting mutual trust and narrowing the gap between disputing parties. Different from the complex arbitration proceedings, in independent mediation, mediators may throughout the proceedings sum up the substantive issues in dispute and assist with the exchange of opinions between the parties, and in this way get the parties to rationally evaluate their claims and arguments, which is proved remarkably helpful in settling disputes. From the perspective of relationship between trust and mediation, Mrs. Jin shared her experience of mediation in winning parties’ trust, and seeking their real thoughts, and then promoting them to reach a settlement. She believes that to get parties’ full trust, mediators need not only fair estimate of their disputes, more importantly, they need to show sufficient respect to them, to lead the parties to exchange their standpoints, and to make use of any possible factors according to the circumstances, so as to promote the final settlement of disputes. Mr. Chu Ouya, as the case manager of these two cases, also shared the observation and insights that he had during the process of assisting Mr. Liu and Mrs. Jin in the mediations. He is of the opinion that smooth cooperation between mediators and case managers will greatly help soften positions of disputing parties, which can be a good warm-up for the settlement of substantive disputes.
Free discussion
Following the keynote speeches, mediators conducted a free discussion on the subject matters such as the research on the connection system of mediation and arbitration of disputes across the Taiwan Straits and cooperation thereof, the validity of mediation agreement and its enforcement, the potential strategic cooperation with courts for purpose of enforcement of mediation agreement. Participants of the events provided a number of valuable suggestions for the development and promotion of the Mediation Center. Mr. Yang Xuefang, BAC arbitrator and leader of the mediation group, made a brief summary that the decisive factor influencing mediation’s development and success is the professional expertise of mediators, and the mediation group shall strengthen its research and exchanges on mediation. He also called for active participation in the Mediation Center’s works as well as its independent mediation cases.
Mr. Zhang Wenquan, judge of the Beijing Higher People’s Court, as the special guest to the Forum, introduced the aim and work mechanism of the Beijing Diversified Mediation Promotion Association, and discussed the cooperation prospect of the Mediation Center and the Association.
Mr. Zhang Wunquan Dr. Chen Fuyong
At last, Dr. Chen Fuyong delivered a closing speech. He said that mediation institutions and mediators should adopt international practice, and should go with the tide of world development, and the independent mediation of the Mediation Center will continue its market-oriented operation, which means the Mediation Center will, based on the qualified dispute resolution services, develop its business in a market-oriented way and encourage the participation in independent mediation. He also invited arbitrators and mediators to provide collective wisdom to promote the future development of the Mediation Center.
The BAC has for a long time stressed on the theoretical and practical work in diversified dispute resolution. To better improve the guidance of theoretical research to the BAC’s diversified dispute resolution practice, and to better summarize the experience of the BAC’s diversified dispute resolution practice, the BAC has established various expertise groups for arbitrators and mediators. The mediation group is one of them and an important team to promote the BAC’s mediation. Its colloquia and research helped strengthen the influence of the Mediation Center and its mediation services, and substantially improved the competence of the BAC’s arbitrators and mediators in mediation services. We welcome colleagues within the legal community and anyone interested in diversified dispute resolution to continue to pay attention to, and participate in, the BAC’s seminars and colloquia. You can also receive our updates from the BAC’s website and WeChat platform.