Beijing Association for Promotion of Alternative Dispute Resolution (BAADR) Announcement of Mediation Fees

In order to implement the spirit of the document jointly issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, the "Opinions on Improving the Alternative Resolution Mechanism for Disputes" (Zhongbanfa <2015> No. 60), to better serve our member units’ (mediation organizations) function in resolving social conflicts and disputes, we aim to establish a system and mechanism that not only reflects the social welfare of mediation, but also fully ensure the self-financing and healthy development of mediation organizations in accordance with market needs. Therefore, to further regulates the activities of our member units (mediation organizations) in accordance with the relevant provisions of the "Measures for the Payment of Litigation Fees of the People's Court" and the relevant requirements of the price management authority, below standards are announced publicly as BAADR’s mediation fee practice:

1. For cases referred by the people’s court before litigation process initiated or for cases accepted by the BAADR itself:

If the sum of dispute is less than RMB 100 million, and the basic people’s court or the intermediate people’s court is to issue a ruling or settlement agreement after successful mediation, then the mediation fee shall be charged as 50% of the current standard of litigation fees for property cases in the people’s courts;

If the sum of dispute exceeds RMB 100 million (including the amount), and the intermediate people’s court or the high people’s court is to issue a ruling or settlement agreement after successful mediation, then the mediation fee shall be charged as 25% of the current standard of litigation fees for property cases in the people’s courts;

The mediation fee is no less than RMB 2,000. If the mediation is unsuccessful, no fees shall be charged.

2. For cases referred by people’s court after accepting the filing, if the party withdrew the lawsuit and then applies to the people's court for a ruling or settlement agreement, it shall be implemented in accordance with Article 1 under same standards.

3. For cases referred by the people’s court before litigation process initiated or for cases accepted by BAADR itself, if the parties voluntarily agree that an arbitration institution is to issue a settlement agreement after successfully mediated, BAADR and the arbitration institution shall each charge mediation fees and arbitration fees as 25% of the current standard of litigation fees for property cases in the people’s courts. If the mediation is unsuccessful, no fees shall be charged.

4. When mediators of the member units (mediation organizations) of BAADR conduct mediation service in the mediation platform of BAADR, charging standard of such service shall be implemented in accordance with Article 1 of this regulation. Mediators must bring their mediator qualification certificate issued by BAADR, and the secretary of BAADR is responsible for checking such certificate. Without the qualification certificate of the mediator of BAADR, no mediation work shall be carried out in the mediation platform of the BAADR.

5. If the mediator of the member units (mediation organizations) of BAADR fails to mediate the case using the mediation work platform of BAADR, no mediation fees shall be charged, and the platform will not charge any fees from the member units (mediation organizations).

Beijing Association for Promotion of Alternative Dispute Resolution (BAADR)

 January 6, 2018