Resolving disputes in the front -- Beijing multi mediation Development Association activates industr
Jiao Yan, reporter of Legal Daily
In recent years, China's emerging industries have been developing actively, new types of contradictions and disputes have been emerging, industrial and professional disputes have shown an obvious upward trend, and mediation organizations with industry characteristics have emerged as the times require. Beijing multi mediation Development Promotion Association will gather and integrate the advantageous resources of industry mediation and professional mediation in Beijing, promote the overall planning and self-regulation of industry mediation organizations and professional mediation organizations, and enhance the professionalism, standardization and authority of mediation, so as to meet the people's demand for diversified dispute resolution mechanism, and become a diversified mediation with the characteristics of the times and the capital Understand the important power of professional mechanism.
Integrating multiple forces to resolve disputes and improving the effectiveness of resolving disputes
Zhai Jingmin, President of Beijing multi mediation Development Association, told reporters, "In recent years, due to its It is legal, confidential, neutral, efficient and convenient More and more people recognize and accept the advantages of. Since its establishment for more than four years, the association has been actively practicing the capital The function of "hub type social organization" not only standardizes the development of industry management, but also integrates resources to resolve conflicts. At the same time, it actively cooperates with the Beijing court system to carry out diversified mediation work, making positive contributions to the construction of a diversified dispute resolution mechanism with the characteristics of the capital. "
The reporter learned in the interview that Since its establishment at the end of 2015, it has actively absorbed and incubated mediation organizations in the social field with high incidence of conflicts and disputes as member units, and guided and supported all member units to participate in the work of resolving social conflicts. As of December 2019, the number of member units has reached 117, and the business fields of members involve 32 categories, such as Internet, intellectual property, e-commerce, construction engineering, financial securities, investment and financing, insurance, aviation, logistics, etc. Cases collected by the association and its members in 2019 seven thousand nine hundred and ninety-seven The subject matter of the case Over 6.1 billion yuan, 7538 cases were successfully mediated. In order to ensure the professional and standardized operation of mediation work of member units, the association has established an internal organization, the Beijing retired senior judges legal service group. The members of the service group give full play to the legal practice advantages of the old judges, and provide intellectual support for member units by taking various forms such as specific guidance, direct participation, research and exchange.
Party a private technology bank is a private financial enterprise serving scientific and technological innovation. Due to the loan default of group B, the daily operation of enterprise a is seriously affected. Party a filed a lawsuit with the court. Upon application, the court appointed the case to the Beijing multi mediation Development Promotion Association. The association assigned the case to a property rights protection Mediation Center for mediation according to the expertise of the member units and the characteristics of the case. From the perspective of the investment and financing industry, mediators put forward solutions that are in line with the interests of both parties. It takes only one month for all parties to reach a mediation agreement, and the Court issues a judicial confirmation ruling, which effectively solves the enterprise crisis and ensures the sustainable development of the enterprise.
Zhai Jingmin said the case was selected by the Beijing Higher People's court "Ten typical cases of diversified mediation in 2019" It not only reflects the working advantages of the association in integrating professional mediation resources, but also helps enterprises to choose appropriate dispute resolution schemes according to the depth of the commercial cooperation between the two sides and the development of the enterprise. In addition, through the establishment of an increasingly mature and perfect litigation mediation docking mechanism with the court system, the promotion association is responsible for the reception, division and division of mediation cases appointed or entrusted by the courts in the city Supervision, evaluation and feedback of the parties, case rotation, judicial confirmation and other work have helped the court realize the division of complicated and simple cases, and some major, difficult and type cases can be resolved quickly and properly.
Standard system construction and improvement "Litigation mediation docking" mechanism
Then, how can the Promotion Council distribute the mediation cases fairly and reasonably, and how to ensure that the cases appointed and entrusted by the court can be handled in a timely, efficient and standardized manner, so as to realize the hierarchical and progressive resolution of disputes at the source? According to the reporter, the Promotion Association has established a case division mechanism. Through the formulation of "measures for member units to accept cases allocation" and "decision on Authorizing the model mediation center to handle cases", it is stipulated that except for a small number of major, complex, difficult and sensitive cases to be directly handled by the model mediation center of the association, the rest of the cases shall be assessed according to the level and effectiveness of mediation organizations Results, efficiency and satisfaction of the court and the parties are divided into four categories: initial, qualified, advanced and excellent. And through the establishment of a type of case handling mode, the case compilation According to the "team" idea, the "mediator + Secretary + retired old judge resident in the mediation center" is integrated into the mediation team to ensure the orderly progress of mediation work.
In terms of standardizing the mediation process, the association promulgated the "Regulations on the management of professional mediation cases in industry" to standardize the working process and clarify the docking path with the relevant departments of the court. In the afternoon of the reporter's interview At 2:00, the lawyers of the two member units of the Association came to the mediation work platform on time. Under the chairmanship of mediators, there will be a commercial dispute mediation. More than an hour later, the mediation ended. The mediator told reporters that after fully listening to the statements of the lawyers of both sides, he listed the focus of disputes between the two sides and actively created communication opportunities for both sides. Although the two sides did not sign a mediation agreement on the spot on the same day, according to the regulations, regardless of whether the case is successfully mediated or not, the mediator will complete the service of the complaint and relevant evidence in the pre litigation mediation stage, and will grasp the mediation process The basic situation of the case, the focus of dispute, and related cases are fixed in written form, so that after the case is returned to the trial procedure, the judge in charge can quickly and comprehensively grasp the case, improve the trial efficiency and save the litigation cost. In addition, the association also introduces a neutral evaluation mechanism for civil and commercial disputes. In the process of mediation, experts from relevant fields can be introduced as neutral assessors according to the needs of the case, and the risk of disputes can be assessed, so as to reduce the psychological expectations of the parties and actively guide the parties to reach a mediation agreement.
It is the first time that the case will be brought into the scope of litigation mediation in 2019. A case of implementation settlement undertaken by its member units has become another representative case selected in the "top 10 typical cases of diversified mediation in 2019". Professional mediators promote both parties to reach a settlement agreement in the process of implementation, It has solved the enforcement cases involving more than 200 cases and a total amount of hundreds of millions of Yuan which have not been settled in three years , effectively alleviated the pressure on the court to handle the case, and really realized the conclusion of the case.
The reporter learned that, In 2019, there were 6299 cases received by the court and its members (including 3104 cases), The success rate of the parties participating in the mediation case reached 56%， Target amount of successful mediation cases More than 17.6 billion yuan (including 324 enforcement cases).
Give full play to the advantages of lawyers' participation in mediation and explore the operation mechanism of market-oriented mediation
This is not only an important measure to resolve disputes, but also an important way to resolve disputes. Zhai Jingmin, President of the association, told reporters that with the growing number of mediators in the association, more and more lawyers participated in the process, which brought about a strong expansion of the team of mediators. It has professional advantages, It is also helpful for lawyers to choose alternative mediation methods 。 Zhai Jingmin said that the association encourages mediation organizations established by law firms to guide self accepted cases suitable for mediation to the work platform of the association, select other mediators without interest to mediate first, and take the platform of the association as the first procedure for resolving disputes, so as to realize the governance of litigation sources. At present, the association has actively promoted cooperation with Beijing 60 law firms have set up lawyer mediation centers in related professional fields, relying on the association to train more than 700 certified lawyer mediators.
At the same time, it will actively promote the market mechanism. Industry experts said that under the background of China's rapid economic development and increasingly frequent civil and commercial transactions, market mechanism is an important path to cultivate the specialization, professionalization and standardization of civil and commercial mediation. It is in line with the market law to allow civil and commercial mediation and industry mediation to charge reasonable fees. The reporter learned that as a non-profit organization at the provincial level providing service guarantee for professional mediation organizations at the national provincial level, the Beijing multi mediation Development Promotion Association has established the principle of low or no charge: for successful mediation, the service fee shall not exceed half of the court's litigation fee standard; and no charge shall be charged for unsuccessful cases. Zhai Jingmin said that the association is currently in a state of self-sufficiency and self financing, and its operation mainly comes from the support of mediation service fees.
Zhai Jingmin believes that at present, the multi mediation work faces both opportunities and challenges. "Some people think that there is little room for market-oriented mediation, but I think there is much to be done." Zhai Jingmin said that judging from the development trend of mediation in various countries, a large number of civil, commercial and administrative disputes are mostly settled before litigation. Many mediation organizations operate in a market-oriented way and provide paid services according to the types of cases. China's social mediation is still in its infancy, and its long-term development needs to adopt the market-oriented operation mode. From the perspective of current mediation practice, most social mediation organizations It is an organization established spontaneously by an industry or Internal departments of law firms At the time of registration, Often encountered to set up a gate relatively high ， It is difficult to approve the establishment of such organizations, which leads to the lack of legal entity qualification and restricts the development of the industry. In addition, due to the lack of Unified institutional norms, It also leads to the slow marketization of mediation institutions. Zhai hopes that in the future, the government will increase its support and introduce preferential support policies such as simplified procedures and tax relief, so as to encourage the development of more social forces to participate in dispute resolution.
Next, the association will Vigorously promote the industry mediation docking of type disputes, continue hatch Cultivate the industry and specialty in the new field Disorganization To strengthen the connection with the court, arbitration and notarization institutions, and to complement each other's advantages, enhance the force of resolving disputes, and effectively realize the governance of the source of litigation of contradictions and disputes.