Beijing Arbitration Commission

Codes for Mediators

Article1. This code of conduct has been formulated in order to standardize the conduct of mediators, enhance the confidence of the parties in using the mediation proceedings of the Mediation Center of Beijing Arbitration Commission (“the Mediation Center”) to resolve disputes and promote the development of the mediation service of the Mediation Center.

Article2. Training participation and the experience and skills of mediation are usually the necessary qualifications for a mediator. A mediator shall participate in training programs and relevant activities required by the Mediation Center to maintain and improve his (her) mediation-related knowledge and skills.

Article3. A mediator may accept the selection of the parties or the appointment of the Mediation Center only if he (she) makes sure that he (she) has the following prerequisites:
1) knowledge, experience and capabilities necessary for handling the cases;
2)appropriate time, vitality and willingness to facilitate the proceedings of the mediation case.

If a mediator is unable to guarantee the above prerequisites, he (she) shall reject the selection or appointment.

Article4. A mediator shall advise the parties the basic mediation proceedings, the role of a mediator played in mediation and the relationships between the mediator and the parties prior to the commencement of mediation proceedings.

Article5. A mediator shall pay full respect to the autonomy of will of the parties in the proceedings and conclusion of mediation and actively guide the progress of mediation proceedings by his (her) creativity and experience, best satisfying the needs of the parties in light of the dispute.

Article6. A mediator shall administer mediation in a fair manner during the course of mediation proceedings and treat the parties neutrally and impartially, avoiding leaving an unfair impression. 

Article7. A mediator shall make preparation for effective mediation and push ahead with mediation proceedings diligently and actively.

Article8. A mediator shall maintain confidentiality of any information accessed in a mediation case or in the course of mediation proceedings, except for the information which shall be disclosed in accordance with the law or as agreed by the parties. 

Article9. A mediator who accepts his (her) selection or appointment is obliged to disclose in writing under any circumstance which may cause the parties or their representatives to reasonably doubt the independence or impartiality of the mediator, including but not limited to:
1) having interest relating to the matter in dispute in the mediation case;
2) prior to accepting the selection or appointment, having discussed the case with either party or its representative or provided consultation;
3) prior to accepting the selection or appointment or during the course of mediation proceedings, having been offered dinners, gifts or other benefits by either party or its representative;
4) having relationships of colleague, representation, engagement or consultation with either party or its representative;
5) as a common oblige or obligor with either party or its representative or having common interests;
6) having relatively close friendship with or a grudge against either party or its representative;
7) any other circumstances which may cause reasonable doubt to the independence or impartiality of the mediator.

Article10. A mediator shall provide the parties or their representatives with accurate and complete information concerning his (her) remuneration and costs, including remuneration and costs of mediation, and any other mediation-related expenses incurred or likely to incur.

A mediator shall decide the remuneration in consideration of all relevant elements, including the type and complexity of the dispute, the qualifications of the mediator, the time to be consumed and the usual charges for such kind of mediation, etc.

The mediator remuneration shall be indicated in writing, unless otherwise agreed by the parties.

Article11. A mediator shall make sure that the parties understand the neutral role played by him (her); the mediator is not a representative of a party. A mediator may not provide either party with legal consultations which may affect his (her) neural position. A mediator may not conduct misleading promotion and guarantee a certain conclusion of mediation.

Article12. A mediator shall confirm that the parties have considered and understand settlement provisions.

Article13. A mediator may withdraw from mediation proceedings in one of the following circumstances:
1) A party procures unlawful proceeds out of mediation;
2) The mediation is in violation of social public interests;
3) The mediator is unable to engage in the mediation proceedings due to health;
4) Disclosure of interest conflict by the mediator causes the parties to doubt the impartiality of the mediation proceedings.
5) Any other circumstances which may not guarantee the impartiality of mediation proceedings.

Article14. The Mediation Center will decide whether to continue including a mediator who violates this conduct of code in its panel of mediators, depending on the seriousness of the violation. The Mediation Center will not notify in writing or give a reason to the mediator who is not included in the panel of mediators.

Article15. This code of conduct shall be interpreted by the Mediation Center.

Article16. This code of conduct was adopted by the whole members of the council of the Mediation Center and became effective as of February 01, 2014.

Model Arbitration Clause Arbitration Clause
All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
More >>>
Copyright¬© Beijing Arbitration Commission. All Rights   |   Copyright