The Ji'nan arbitration mediation center is now open, and citizens may choose mediation first in case of property or economic disputes.
newspaper reporter Li Yongming
it takes time and energy to arbitration or litigation directly. Is there a rational way for the two parties to settle the dispute faster? In March 1st, the arbitration Conciliation Center of the Ji'nan Arbitration Commission was officially opened to set up a mediation platform before arbitration. In the event of property or economic disputes in the public or enterprises, no matter whether or not there is arbitration agreement or the principle of voluntariness, equality and consultation of the parties, mediation and immediate settlement can be chosen.
scope of Conciliation: Civil and commercial disputes can apply for
what kind of dispute can be mediated? According to Wang Xinmin, the party secretary of the office of the Ji'nan Arbitration Commission, the director of the Party committee of the office of the Arbitration Commission of the Committee of the Arbitration Commission of the Ji'nan Arbitration Commission introduced the commercial disputes and civil property disputes between the natural persons of the equal subjects, legal persons and other organizations, regardless of whether the parties have arbitration agreement or agree to apply the mediation rules to Conciliation Rules. For example, property rights such as housing transactions, traffic accident compensation, medical disputes, debt disputes, and so on. "The people's Mediation Law" was formally implemented in January 1st this year, and laid the legal foundation for resolving conflicts and disputes beyond litigation. Wang Xinmin told reporters that the premise for arbitration to settle disputes is that the parties must sign an arbitration agreement between the two parties, which undoubtedly excludes some of the disputes from arbitration. After the establishment of the mediation center, the Ji'nan Arbitration Commission has formulated the mediation rules to settle some civil and commercial disputes without arbitration agreement, and can also be incorporated into the category of arbitration.
Application: network, telephone, written can be
"our mediation, according to the parties voluntarily, fair and good faith, protection of business secrets, expert participation, the choice of the mediator and other 5 principles." Wang Xinmin said.
it is understood that in the way of applying for mediation, the parties may apply for mediation in a oral manner, and the parties to the mediation center to apply for mediation can immediately conciliation and immediate settlement. More conveniently, the mediation can also be carried out by telephone, fax, e-mail, network video and so on. It can also be carried out according to the written materials provided by the parties. The mediator may, in accordance with the needs of the settlement of the dispute or the application of the parties, promote the parties to reach part of the mediation agreement, the sub conciliation agreement, the intermediate conciliation agreement, the interim mediation agreement and the final conciliation agreement. "The way of mediation is flexible, the parties have the right to decide whether to accept mediation or to choose the mediator voluntarily, and the time, place and time limit of mediation can be agreed by both parties." Wang Xinmin said.
at the same time, the cost of mediation is very low compared with arbitration and litigation. Wang Xinmin said that the mediation center of the Ji'nan Arbitration Commission is a public welfare mediation agency. Mediation only charges the cost of 300 yuan to 3000 yuan based on the amount of the standard, and is used to pay a certain reward for the 50 mediators hired. For example, the arbitration fee of 100 million yuan mark is about 400 thousand yuan, while the cost of mediation is the highest of 3000 yuan.
legal effect: mediation agreement has civil contract nature
after mediation, how to guarantee the legal effect of conciliation result? Wang Xinmin said that, after mediation in accordance with the fair and neutral mediation rules, the parties can reach a mediation agreement with the content of civil rights and obligations. After signing or stamp the parties, the parties have the nature of civil contracts.
if the parties concerned are concerned that the conciliation agreement cannot be performed, the arbitration agreement may be signed, and the Arbitration Commission of the Ji'nan Arbitration Commission is required to produce an arbitral award or a conciliation statement in accordance with the conciliation agreement so that it can obtain the force of enforcement. Once the parties fail to reach a conciliation agreement, they can also choose to enter the arbitration proceedings. Either party may apply to the Ji'nan Arbitration Commission for arbitration, so as to settle disputes between the two parties. "In the arbitration practice of the Ji'nan Arbitration Commission for more than ten years, the rate of arbitration cases and demodulation has been increasing, which shows that the parties have begun to deal with disputes more and more rationally, establish a mediation center and open the door to the rational choice of the parties." Wang Xinmin said.
reporter learned that the mediation center, in addition to mediation, will provide public services such as legal consultation, legal training for enterprise contract managers, and the text of contract text for small and medium enterprises. The public can call the mediation center: 82095786.