Measures for the Administration of Pre-litigation People's Mediators

 2018-06-17  33



  • Document NumberNo. 95 [2017] of the Beijing Municipal Bureau of Justice
  • Area of Law Civil Litigation
  • Level of Authority Local Judicial Documents
  • Date issued10-09-2017
  • Effective Date10-09-2017
  • Status Effective
  • Issuing Authority Higher People's Court of Beijing Municipality Beijing Municipal Bureau of Justice



Notice of the Beijing High People's Court and the Beijing Municipal Bureau of Justice on Issuing the Measures for the Administration of Pre-litigation People's Mediators
(No. 95 [2017] of the Beijing Municipal Bureau of Justice)
The people's courts and justice bureaus of all districts:
According to the People's Mediation Law of the People's Republic of China and the Provisions of the Supreme People's Court on Specially-Invited Mediation by the People's Courts, upon joint research by the Beijing High People's Court and the Beijing Municipal Bureau of Justice, in light of the reality of the pre-litigation people's mediation in this municipality, the Measures of the Beijing High People's Court and the Beijing Municipal Bureau of Justice for the Administration of Pre-litigation People's Mediators are hereby issued for your diligent implementation in light of the reality.
Beijing High People's Court
Beijing Municipal Bureau of Justice
October 9, 2017
Measures of the Beijing High People's Court and the Beijing Municipal Bureau of Justice for the Administration of Pre-litigation People's Mediators
Chapter I General Provisions
Article 1 For the purposes of standardizing and regulating the management of the teams of pre-litigation people's mediators, promoting the comprehensive deepening of the litigation-mediation connection, and realizing regulated, systematic and normalized litigation-mediation connection work, these Measures are developed according to the People's Mediation Law of the People's Republic of China and the Provisions of the Supreme People's Court on Specially-Invited Mediation by the People's Courts, and in light of the reality of the pre-litigation people's mediation in this municipality.
Article 2 For the purpose of these Measures, “pre-litigation people's mediators” means persons accepting the appointment of the pre-litigation people's mediation committee to engage in pre-litigation people's mediation in all courts. Pre-litigation people's mediators include full-time and part-time mediators.
Chapter II Qualification Conditions and Appointment Procedures
Article 3 To serve as a pre-litigation people's mediator, a person shall meet the following conditions:
(1) He or she shall be a healthy adult citizen with full capacity for civil conduct.
(2) He or she shall be well-behaved, fair and honest, and enthusiastic about people's mediation work.
(3) He or she shall have certain educational level, policy level and legal knowledge.
(4) He or she shall be familiar with the social conditions and public opinions, be good at completing the mass work, and have certain mediation capacity.
Personnel with work experience in judicial and public security authorities may be hired in priority.
A people's mediator of an industrial and professional people's mediation committee serving as a pre-litigation people's mediator shall also have relevant professional knowledge.
Article 4 The combined method of selection and appointment shall be implemented for pre-litigation people's mediators, but the following personnel shall not serve as pre-litigation people's mediators:
(1) Persons have been given criminal penalties for committing crimes.
(2) Persons have been removed from public office.
Article 5 Pre-litigation people's mediators shall be selected and appointed under the principles of “openness, fairness, impartiality and merit-based selection.” Selection and appointment may be conducted on the basis of selection by the general public, recommendation by relevant entities and public examination.
Article 6 Pre-litigation people's mediators shall be jointly selected and appointed by the courts and justice bureaus of all districts, and pre-litigation people's mediators that are unable to perform duties for some reasons shall be dismissed.
Article 7 The courts of all districts shall develop a register of pre-litigation people's mediators, record the selection, dismissal and performance of mediators, and disclose the basic information on pre-litigation people's mediators to the parties.
Article 8 The judicial administrative authorities of all districts shall report the selection and appointment of pre-litigation people's mediators (including the changes of personnel) to the municipal judicial administrative authorities for recordation on a regular basis (once every quarter).
Chapter III Responsibilities
Article 9 A pre-litigation people's mediator shall perform the following duties:
(1) He or she shall introduce the mediation in multiple mediation procedure cases.
(2) He or she shall direct the defendant to enter the Address Confirmation Letter for Service of Process and explain to the defendant the validity of Address Confirmation Letter for Service of Process.
(3) He or she shall record that the parties have no facts of dispute.
(4) He or she shall review the dispute focus of cases in which mediation fails.
(5) He or she shall develop transcripts of mediation.
(6) He or she shall review the mediation files.
(7) He or she shall enter the mediation information in the multiple mediation information system.
(8) Other work tasks assigned.
Article 10 Pre-litigation people's mediators shall mediate disputes under the following principles:
(1) the equality and willingness of the parties;
(2) respecting the parties' procedural rights;
(3) not violating the prohibitive regulations of the laws and regulations;
(4) not damaging the national interests, public interests, or lawful rights and interests of others; and
(5) not disclosing the mediation process or mediation agreement, except as otherwise prescribed by law.
Article 11 Under any of the following circumstances, a pre-litigation people's mediator shall voluntarily disqualify himself or herself, and a party shall be entitled to request disqualification of such a mediator:
(1) The mediator is a party to a case or is a close relative of a party to a case.
(2) The mediator or his or her close relative is an interested party to a case.
(3) The mediator is a close relative of the agent ad litem in this case.
(4) The mediator has any other interest with a party to a case or an agent ad litem, which may affect the fair mediation.
Where a pre-litigation people's mediator falling under a circumstance under which disqualification is required does not voluntarily disqualify himself or herself and a party does not request his or her disqualification, the court for which the mediator serves shall decide his or her disqualification.
Article 12 A pre-litigation people's mediator shall not serve as people's assessor, litigation representative, witness, authentication expert or interpreter in the subsequent judicial proceedings.
Chapter IV Routine Management
Article 13 The system of assumption of offices with certificates shall be implemented for pre-litigation people's mediators and the Appointment Letter for A Pre-litigation People's Mediator shall be issued by the judicial administrative authorities of all districts. A person that no longer serves as a pre-litigation people's mediator for some reason shall be dismissed and the certificate issuing authority shall recover his or her Appointment Letter for A Pre-litigation People's Mediator.
Article 14 A pre-litigation people's mediator shall obey management and follow the business guidance of the guiding judge.
Article 15 Full-time pre-litigation people's mediators shall strictly comply with the attendance checking system and shall not be absent, be late or leave early without reason during working hours. Mediators shall strictly comply with all working disciplines, cherish posts and devote wholeheartedly to work, and provide services with enthusiasm.
Article 16 The courts at all levels shall be responsible for the routine management of pre-litigation people's mediators, introduction of mediation cases, business guidance, statistics of mediation cases and other specific work. The judicial administrative authorities of all districts shall, according to the work needs, conduct business guidance, work assignment, data submission, etc. for the pre-litigation people's mediators.
Article 17 The judicial administrative authorities at all levels shall be responsible for the pre-employment training and annual training for newly employed pre-litigation people's mediators, collectively study the People's Mediation Law of the People's Republic of China and other relevant laws and regulations, and have a good command of the work system, work flow and mediation skills of people's mediation. The pre-job training time shall not be less than 5 days, and the annual training time shall not be less than 5 days accumulatively.
Article 18 The courts at all levels shall be responsible for the professional training of pre-litigation people's mediators, study the trial ideals and rules for various cases, and strengthen the mediation skills. The annual training time shall not be less than 5 days in total.
Chapter V Assessment, Rewards and Punishments
Article 19 The courts at all levels and the judicial administrative authorities of all districts shall, in light of the actual circumstances, jointly organize the implementation of the quarterly and annual assessment of pre-litigation people's mediators.
Article 20 The assessment items include the attendance rate of pre-litigation people's mediators, number of mediation cases, success rate of mediation, preparation of mediation instruments, evaluation of parties and other information.
Article 21 The courts at all levels and the judicial administrative authorities of all districts may, in light of the actual circumstances, develop the assessment standards and organize assessment, by examining written materials, examining case files, and other means. The assessment results are divided into: excellent, good, qualified and unqualified.
Article 22 The assessment results shall be used as the main basis for the dismissal, further employment and selection for advanced and outstanding mediators. Mediators that are unqualified consecutively in two assessments shall be dismissed.
Article 23 The judicial administrative authorities at all levels shall incorporate pre-litigation people's mediators into the scope of commending model people's mediators at all levels, and give awards to pre-litigation people's mediators that have made outstanding achievements and outstanding contributions.
Article 24 A pre-litigation people's mediator having any of the following acts in the mediation work shall be criticized, educated, and ordered to take corrective action by the pre-litigation people's mediation committee, and be dismissed under serious circumstances:
(1) conducting mediation by forced means;
(2) conducting mediation illegally;
(3) accepting a party's request or accepting property;
(4) disclosing the mediation process or contents of the mediation agreement;
(5) violating the relevant provisions of the courts for which he or she serves on litigation-mediation connection repeatedly or seriously; and
(6) other acts in violation of the professional ethics.
Article 25 The dismissal of pre-litigation people's mediators shall be brought forward by the courts of all districts, be submitted by the pre-litigation people's mediation committee to the judicial administrative authorities of all districts for decision-making, and be reported to the municipal judicial administrative authorities for recordation.
Chapter VI Treatment Guarantee
Article 26 The courts of all districts shall provide necessary working conditions for the work of pre-litigation people's mediators.
Article 27 For the subsidy standards for pre-litigation people's mediators, the courts of all districts shall, mutatis mutandis to the Guiding Opinions of the Beijing Municipal Bureau of Justice and the Beijing Municipal Bureau of Finance on Further Effectively Completing the Subsidy Work of the People's Mediation Cases and in consideration of the local actual circumstances, develop their detailed implementation rules and implement these rules after submitting them to the docketing tribunal for recordation.
Article 28 “Subsidy per case” shall be implemented for the subsidies for the cases of pre-litigation people's mediators.
Article 29 The subsidies for the cases of pre-litigation people's mediators shall be granted by the courts of all districts according to the number of disputes mediated, complexity of disputes, and completion of designated work for cases in which mediation fails.
Chapter VII Supplementary Provisions
Article 30 These Measures shall come into force on the date of issuance.
Article 31 The power to interpret these Measures shall remain with the Beijing High People's Court and the Beijing Municipal Bureau of Justice.