Working System of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association
In order to establish and explore effective ways to properly handle disputes among member enterprises, safeguard the legitimate rights and interests of member enterprises, and promote their legal development, this system is formulated in accordance with the People's Mediation Law of the People's Republic of China, the Supreme People's Court's "Several Provisions on the Judicial Confirmation Procedure of People's Mediation Agreements", and relevant laws and regulations on people's mediation.
Chapter 1 total then
Article 1 The People's Mediation Committee of Shandong Equipment Manufacturing Association is a mass organization established in accordance with the law to mediate conflicts and disputes among members (within and between enterprises) of Shandong Equipment Manufacturing Association.
Article 2 The purpose of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association is to widely disseminate legal knowledge and the spirit of the rule of law, use various channels, models, and methods to resolve conflicts and disputes, provide high-quality and efficient legal services for enterprises, create a good legal environment, achieve the unity of legal and social effects, play a positive role in promoting the development of enterprises in accordance with the law, promoting the sound and rapid development of Shandong's economy, and building a harmonious Shandong.
Article 3 The main responsibilities of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association are:
（1） Mediate conflicts and disputes among members of the Shandong Equipment Manufacturing Industry Association (both within and between enterprises) to prevent them from escalating;
（2） Promote laws, regulations, rules, and policies through mediation work, guide enterprises to abide by laws and regulations, actively protect their rights, and prevent corporate disputes from occurring;
（3） For conflicts and disputes resolved through mediation, a written mediation agreement shall be made according to the requirements of all parties involved.
Article 4 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association mediates conflicts and disputes without charging any fees.
Chapter 2 organization structure
Article 5 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association is established by the Shandong Equipment Manufacturing Industry Association.
Article 6 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association is composed of seven members, with one director and two deputy directors. In addition to the committee members, the People's Mediation Committee of Shandong Equipment Manufacturing Association may hire another mediator. The People's Mediation Committee of Shandong Equipment Manufacturing Association has an internal office responsible for the daily affairs of the People's Mediation Committee of Shandong Equipment Manufacturing Association.
Article 7 When a member of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association undergoes a work change or is unable to continue serving as a member of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association due to other reasons during their term of office, a new candidate shall be determined by the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association within one month to take over.
Article 8 Mediators must meet the following conditions:
（1） Entrepreneurs or legal professionals with high expectations and certain coordination abilities in member companies.
（2） Fair and upright, enthusiastic about people's mediation work, with certain cultural level, policy level and legal knowledge, rich experience in civil and commercial mediation, and good writing and language expression ability.
（3） Good professional ethics, integrity and adherence to laws and regulations; Adhere to upright work style and principles.
（4） Physically healthy, of appropriate age, able to ensure participation in the relevant work of the People's Mediation Committee of Shandong Equipment Manufacturing Association in terms of energy and time.
Article 9 The people's mediators of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association shall abide by the following disciplines when mediating conflicts and disputes:
（1） Not favoring one party;
（2） Do not insult the parties involved;
（3） Not to solicit, accept or seek other improper benefits;
（4） The personal privacy and trade secrets of the parties involved shall not be disclosed.
Chapter 3 Scope of mediation
Article 10 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association is responsible for mediating various types of enterprise related disputes that occur within the association, mainly including business, management, labor, and other disputes that occur between member enterprises of the association and between member enterprises and customers, and doing a good job in identifying, preventing, and resolving conflicts and disputes.
Article 11 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association shall not accept mediation of the following disputes:
（1） Those that can only be handled by specialized agencies according to laws and regulations, or those that are prohibited by laws and regulations from using civilian mediation methods for resolution;
（2） People's courts, public security organs or other administrative organs have already resolved the issue;
（3） If one party explicitly states that they do not agree to mediation.
Chapter Four conciliation proceedings
Article 12 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association accepts mediation disputes based on the application of the parties involved. If one party explicitly refuses mediation, mediation shall not be carried out. If the parties have not applied, they may also initiate mediation, except where the parties express objections. If the parties apply for mediation of disputes and meet the conditions, the Mediation Committee of Shandong Equipment Manufacturing Industry Association shall promptly accept the mediation.
The parties may apply for mediation of disputes in writing or orally.
Article 13 If it does not meet the acceptance criteria of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association, the parties shall be informed to submit it to the relevant department for handling or file a lawsuit with the people's court in accordance with laws and regulations; If there is a possibility of escalation at any time, necessary measures should be taken to alleviate and guide them to relevant departments to resolve disputes in a timely manner.
Article 14 For conflicts and disputes involving complex cases, large disputed amounts, or significant social impact, a meeting of all personnel shall be held to study mediation plans and coordination and disposal measures, prevent the escalation of conflicts and the occurrence of emergencies, clarify work division and specific responsibilities, and record them in the archives.
Article 15 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association shall, before mediating disputes, inform the parties orally or in writing of the nature, principles, and effectiveness of the mediation, as well as the rights and obligations of the parties in the mediation activities.
Article 16 The parties involved in people's mediation activities enjoy the following rights:
（1） Choose or accept people's mediators;
（2） Accept mediation, refuse mediation, or request termination of mediation;
（3） Request mediation to be conducted publicly or not publicly;
（4） Expressing one's own will and voluntarily reaching a mediation agreement.
Article 17 The parties shall fulfill the following obligations in people's mediation activities:
（1） Truthfully state the facts of the dispute;
（2） Adhere to the order of the mediation site and respect the people's mediators;
（3） Respect the exercise of rights by the other party.
Article 18 The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association shall designate a people's mediator as the mediator to mediate disputes, and may designate several people's mediators to participate in mediation as needed.
If the parties request the recusal of the mediator, the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association shall exchange it.
Article 19 The mediator shall determine the time and place of mediation and notify both parties within two working days from the date of receiving the relevant materials.
Article 20 The mediation will take place at the location of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association. If the parties have agreed otherwise or jointly request to change the mediation venue, the consent of the Director of the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association shall be obtained.
Article 21 The mediation work shall be completed within 20 working days from the date of acceptance. With the consent of all parties to the conflict and dispute, it may be appropriately extended, but shall not exceed 30 working days from the date of acceptance.
Article 22 People's mediators can use various methods to mediate civil and commercial disputes based on the different situations of the dispute. They should fully listen to the statements of the parties, explain relevant laws, regulations, and national policies, patiently guide them, propose dispute resolution solutions on the basis of equal consultation and mutual understanding between the parties, and help them voluntarily reach a mediation agreement.
Article 23 The people's mediator shall record the mediation situation. The People's Mediation Committee of Shandong Equipment Manufacturing Industry Association shall establish mediation work files, and archive materials such as mediation registration, mediation work records, and mediation agreements.
Chapter 5 Mediation Agreement
Article 24 If a mediation agreement is reached through mediation by the People's Mediation Committee of Shandong Equipment Manufacturing Industry Association, a mediation agreement can be prepared. If the parties believe that there is no need to prepare a mediation agreement, an oral agreement may be adopted, and the people's mediator shall record the contents of the agreement.
Article 25 The mediation agreement may specify the following matters:
（1） Basic information of the parties involved;
The main facts of the (II) dispute, the matters in dispute and the responsibilities of the parties;
(III) the content of the mediation agreement reached by the parties, the manner and time limit of performance.
The mediation agreement shall enter into force on the date of signature, seal or fingerprint of the parties, and the signature of the people's mediator and the seal of the people's mediation committee. The parties shall each hold a copy of the mediation agreement,Shandong Equipment Manufacturing Industry AssociationThe People's Mediation Committee keeps one copy.
Article 26 An oral mediation agreement takes effect from the date on which the parties reach an agreement.
Article 27 The mediation agreement reached through mediation by the People's Mediation Committee of Shandong Equipment Manufacturing Association is legally binding and the parties shall perform it in accordance with the agreement.
Shandong Equipment Manufacturing Industry AssociationThe people's mediation committee shall supervise the implementation of the mediation agreement and urge the parties to perform the agreed obligations.
Article 28 After the people's Mediation Committee of Shandong equipment Manufacturing Association has reached a mediation agreement, if there is a dispute between the parties on the performance of the mediation agreement or the contents of the mediation agreement, one party may bring a lawsuit to the people's court.
Article 29 After the mediation agreement is reached through mediation by the people's Mediation Committee of Shandong equipment Manufacturing Association, if both parties consider it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation agreement, and the people's court shall review the mediation agreement in a timely manner and confirm the validity of the mediation agreement in accordance with the law. If the people's court confirms that the mediation agreement is valid according to law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory execution; if the people's court confirms that the mediation agreement is invalid according to law, the parties may change the original mediation agreement or reach a new mediation agreement through people's mediation, or bring a lawsuit to the people's court.
Chapter VI Termination of mediation
Article 30 Mediation may be terminated under any of the following circumstances:
A party to the (I) dispute indicates in writing to the mediator that it will not accept continued mediation;
(II) no agreement on mediation has been reached at the expiration of the time specified for mediation;
(III) the parties have serious and critical differences of opinion that the mediator determines cannot be mediated;
A party to a (IV) dispute files a lawsuit or applies for arbitration during the mediation process;
(V) other circumstances that do not fit the criteria of conciliation.
After deciding to terminate the mediation, the People's Mediation Committee of the Shandong Equipment Manufacturing Association shall immediately notify the parties to the dispute, and no longer accept any party's application for mediation on the same dispute.
Chapter 7 Appendix then
Article 33 The power of interpretation of this system belongs to the Shandong Equipment Manufacturing Association.
Article 34 This system shall come into force on the date of promulgation.
Shandong Equipment Manufacturing Industry Association
December 22, 2018
