Introduction to Beijing Association for Alternative Dispute Resolution

I. Nature of unit:

Beijing Association for Alternative Dispute Resolution is the first provincial level self regulatory organization in China that provides service guarantee for industrial and professional mediation organizations. Under the guidance of legal competent departments in Beijing, it is a non-profit social organization jointly initiated by Beijing mediation organization, retired senior judges, experts, scholars and mediators with certain legal background, and approved and registered by competent authority. It is an institution designated by the Beijing High People's Court to recommend specially invited mediation organizations and mediators to the three-tiered courts in Beijing, and Beijing High People's Court and Beijing Municipal Bureau of Justice issued that it’s also one of the four institutions which jointly manages lawyers mediation organization with Beijing High People's Court, Beijing Municipal Bureau of justice and Beijing Lawyers Association.

II. Background of establishment

In order to meet the needs of solving social conflicts and disputes, fill gaps in the dispute areas that people's mediation organizations can't fill (such as finance, Internet, real estate, intellectual property, etc.), improve the professional level and social credibility of mediation organizations in the industry and professional fields, and make full use of Beijing's talent advantages in resolving conflicts and disputes in professional fields and in source management, the Political and Legal Committee of Beijing Municipal Committee and Beijing High People's court actively promoted the establishment of the Beijing Association for Alternative Dispute Resolution.

III. Function orientation:

In accordance with Implementation Opinions on Improving the Alternative Dispute Resolution Mechanism of Contradictions and Disputes Issued by the general office of the CPC Beijing Municipal Committee and of the Beijing Municipal People's Government (Jing Ban Fa [2016] No. 33), which stipulates: "promote the role of the Beijing Association for Alternative Dispute Resolution as a pivotal social organization, formulate and implement norms and rules of  mediation organization and mediator in some aspects, such as qualification admission, education and training, performance assessment, evaluation and supervision, and assist the court in managing the roster of specially invited mediation organizations and mediators, guide the member units to actively undertake various mediation cases entrusted by the court, and cooperate with the people's mediation commission to carry out the work of resolving contradictions in the industry and professional fields".

IV. Organizational Infrastructure

The highest authority of Beijing Association for Alternative Dispute Resolution is the general assembly with a board of directors and a board of supervisors. The internal institutions include: model mediation center (legal service group of retired senior judges), international commercial mediation center, lawyer mediation center, case handling department, publicity department, training department, office, research room (reception room for complaints and letters).

In order to ensure the development of business, the Council also set up eight professional committees:

1. Professional Committee on General Civil Cases;

2. Professional Committee on Commercial Cases;

3. Professional Committee on Intellectual Property Cases;

4. Professional Committee on Administrative Cases;

5. Professional Committee on Executive Cases;

6. Professional Committee on Foreign Affairs;

7. Professional Committee on International Commercial Affairs;

8. Professional Committee on Democratic Consultation.

The directors of the professional committees are the retired vice president and president of the high court.

V. Business scope:

According to Article 6, Chapter II of the articles of Beijing Association for Alternative Dispute Resolution, the business scope of the group includes:

1. Strengthening the standardization of professional mediation organizations.  According to the current situation and development needs of the industry and professional mediation organizations in the capital, we should:formulate industry and professional mediation rules and supervise the implementation; standardize the selection and management of industry and professional mediators and strengthen the construction of mediators; formulate guiding management norms for fees and organize model mediation institutions; promote the market-oriented operation of industry and professional mediation organizations; actively explore the working norms, procedure rules and performance evaluation standards of mediation organizations,  organize the evaluation and inspection of mediation organizations, standardize mediation behavior, strengthen the self-discipline of mediation organizations, and improve the overall quality and work efficiency of mediation organizations.

2. Strengthening the litigation and mediation connection with the court. The mediation organizations and mediators with good reputation and outstanding performance are recommended to join the list of specially invited mediation organizations and mediators of Beijing High People's court, and cooperate with the court in the management of mediation organizations and mediators registered in the register. Under the guidance of the court, we should formulate the working norms of litigation mediation connection, standardize the mediation process of key links such as case handover and mediation agreement judicial confirmation, and improve the effectiveness of litigation mediation connection.

3. Strengthening research and publicity. We should earnestly study, publicize and implement the guidelines and policies of the competent legal departments on multi mediation. Efforts should be made to combine theory with practice, investigate and study the development strategy, management system, support policies, development trend and innovation mode of capital industry and professional mediation, timely report the situation to the Party committee, government and relevant departments, and put forward opinions and suggestions, so as to provide intellectual support for the development of multi mediation.

4. Organizing professional training and academic exchanges. According to the needs of mediation work, mediation training should be carried out  with efforts from court, law research institutions, colleges and universities and other relevant units and departments to improve the professional quality and mediation skills of mediators. We should organize and carry out international and domestic mediation academic exchanges, promote the interaction between theoretical research and mediation practice, and constantly improve the capital's mediation mechanism.

5. Promoting the construction of information platform. We should establish websites of capital industry and professional mediation organizations, increase publicity on mediation mechanism, dynamics and research results, and guide members to actively explore new mediation modes such as online mediation and online litigation mediation connection.

6. We should carry out integrity construction, enhance the cohesion and influence of the association, be enthusiastic about public welfare undertakings, organize members to participate in various charity activities, and establish a good social image.

7. Building an international mediation platform. This Council strives to build an international mediation platform with international dispute resolution capability from the perspective of "soft thing" such as dispute settlement, and build a dispute settlement platform with international credibility from the aspects of international mediation rules formulation, international mediation expert think tanks and international cooperation and exchange, and to provide legal support for Chinese enterprises, industry associations, chambers of Commerce and other platform members.

8. Undertaking other work related to multiple dispute settlement.

VI. Business development:

1. Standardize the development of industry management

(1) Cultivate incubation industry and professional mediation organizations, and improve the capital's multi mediation organization system

We have actively absorbed the social mediation organizations in the fields of high incidence of contradictions and disputes to become member units and guide them to participate in the mediation work of social contradictions. As of December 2019, the number of member units has grown from 13 at the beginning of its establishment to 127, forming a "1 + 127" working system (1 demonstration mediation center + 127 mediation organizations). The number of mediators has increased from less than 100 at the beginning to 2056 at present. Its business areas include Internet, intellectual property, e-commerce, construction engineering, software and information services, financial securities, investment and financing, foreign, Taiwan and overseas Chinese affairs, culture, art and entertainment, insurance, aviation, logistics, etc. Through more than four years of work, the association has gradually built a comprehensive and three-dimensional multi mediation system from small to large, from point to surface, and from offline to online.

(2) Try out internal reform and improve the effectiveness of resolving disputes in multiple ways

First, strengthening the case management and distribution of member units, and giving full play to the role of mediation organizations. The association is mainly to play the role of a pivotal social organization and organize member units to do a good job in mediation. Except for a small number of major complex difficult and sensitive cases handled directly by the model mediation center of the association, the rest of the cases are assigned to mediation organizations according to the assessment grade standard. We should give full play to the advantages of mediation organizations in resolving disputes, and activate the function of mediation organizations to participate in social governance.

Second, further encouraging and standardizing lawyers' mediation. In view of the problems in Lawyers' participation in mediation, we should standardize the norms of lawyers' mediation work, the charging standards for mediation, and relevant incentive mechanisms, and build a mediation platform for lawyers' mediation. There are 74 law firms and nearly 900 lawyers participating in the mediation work organized by the association.

(3) Standardize system construction and refining mediation mechanism

First, establishing an assessment mechanism for mediation organizations. According to the standards of the level, effect, efficiency and satisfaction of the court and the parties, mediation organizations are divided into four categories: initial, qualified, advanced and excellent. Cases are allocated according to the level of mediation organization assessment, and the survival of the fittest is implemented.

Second, establish rules and regulations to standardize the mediation process. Under the guidance of the case filing chamber of the Municipal People's court, by the end of 2019, 33 normative documents were formulated, including  the Regulations on the Management of Industry and Professional Mediation Cases of Beijing Association for Alternative Dispute Resolution, Q & A on the instructions for mediators of Beijing Association for Alternative Dispute Resolution, Rules for Mediators of Beijing Association for Alternative Dispute Resolution, Employment Management Measures for Industry and Professional Mediators of Beijing Association for Alternative Dispute Resolution, Regulations on Training and Assessment of Professional Mediators of Beijing Association for Alternative Dispute Resolution, Mediator Training Plan of Beijing Association for Alternative Dispute Resolution, and Mediator Work Flow, etc.

Third, actively explore the market-oriented mechanism. Efforts should be made to establish a system and mechanism that not only reflects the social public welfare of mediation, but also realizes that mediation organizations are responsible for their own profits and losses according to market rules. The Council has formulated the Interim Provisions on the Administration of Mediation Fees for Civil and Commercial Cases of Beijing Association for Alternative Dispute Resolution, which establishes the principle of low or no charge: if the mediation is successful, the service fee shall not exceed half of the court's litigation fee standard; if the mediation fails, no fee shall be charged.

(4) Establish a long-term mechanism and strengthen the management of mediators

First, establish and improve the evaluation mechanism and training mechanism of mediators. Second, building a multi-level training program (including overseas training) to improve the professional and professional level of mediators. Third, the exit mechanism of mediators has been clarified to ensure the overall quality of mediators (qualification certificates are divided into blue, green and red, with a five-year validity period).

2. Integrate resources and resolve contradictions

(1) Actively promote the internalization of professional contradictions and disputes in the corresponding mediation organizations

(2) "Litigation mediation connection" boosts the judicial reform and helps the pre-litigation division of disputes

The first is to expand the platform for litigation and mediation. Through the litigation mediation connection platform, the association is responsible for the reception, division, supervision, evaluation and feedback of parties, and case rotation of mediation cases appointed or entrusted by the courts. Workstations are stationed in 11 courts to strengthen the connection management of mediation cases.

The second is to establish the pattern of handling cases. For the received mediation cases, the case number of "Beijing Promotion Mediation" should be compiled and classified according to the characteristics of the cases, and the corresponding mediation organizations shall be assigned to handle them, and the online unified schedule for court hearings should be implemented. We should find problems in time, sum up experience, and ensure that the mediation work smooth and orderly started .

The third is to clarify the functions of mediators. In accordance with the requirements of the multi mediation and quick decision of the High Court, the functions of the mediator should be unified as "mediation before litigation plus judicial assistance". If the case is successfully mediated, the parties may apply to the court for judicial confirmation or conciliation statement of the agreement reached between the two parties, and timely grant the agreement the enforcement effect; if the case mediation is not successful, the mediator will complete the mediation phase before the litigation. The service of the complaint and relevant evidence, and the basic situation of the case, the focus of dispute and related cases mastered in the mediation are fixed in written form, so that after the case is returned to the trial procedure, the presiding judge can quickly and comprehensively grasp the case and improve the trial efficiency.

The fourth is to bring the enforcement cases into the scope of litigation mediation connection. By accepting the court's appointed enforcement settlement cases, the enforcement settlement cases are brought into the scope of multiple mediation, which realizes litigation source governance throughout the process form the appointment before filing to the commission and implementation after filing.

The fifth is to explore the mediation of administrative litigation cases. On the basis of efforts to mediate civil and commercial cases and execute cases, we have actively explored the mediation work before litigation in administrative litigation cases, such as Li Junkun's prosecution to the State Administration of market supervision, revoking the defendant's reply to the plaintiff on the disclosure of government information and reply to the case again, and settle the lawsuit with the diligent work of the mediator; In Wu Zhaorong, Wang Gao Shan v. Beijing Tongzhou District County Town People's government. , asking for confirmation of the illegal case of forced demolition of buildings by the people's Government of Fuxian Town, Tongzhou District, Beijing on May 23, 2018. The mediation organization worked patiently, carefully and repeatedly, and worked out corresponding solutions which were adopted by the court. At present, the association has received a total of 119 administrative litigation cases coordinated by the court before filing.

3. Prevention and control of risk and governance of litigation source

(1) Promote the good governance of the source of litigation and stop the dispute from happening

The association earnestly guides the member units such as trade associations and law firms to add special clauses for mediation contents and stipulate pre clauses for mediation when signing business contracts with other parties. It takes the mediation platform of the association as the first procedure for resolving disputes, striving to resolve disputes in the bud and on the basis, so as to reduce the court's litigation cases as far as possible.

(2) Exploring the coordination of mediation and arbitration, and expand the force of resolving disputes

The association will strive to increase the linkage with arbitration institutions and explore the connection mechanism between mediation and arbitration. Research has been conducted to Beijing, Hainan, Tianjin and Langfang arbitration commissions, and the association has signed the Strategic Cooperation Framework Agreement with Hainan Arbitration Commission to clarify the methods of mediation and arbitration connection. Efforts will be made to solve some self collected cases through mediation and arbitration, so as to help the court to separate some litigation cases.

(3) Integrate offline entity platform and online network platform to create a diversified dispute resolution system

The network mediation room was established, and the Internet mediation window and Wechat working system were developed on the website of the association, which improved work efficiency. Efforts should be made to simplify the process of information transfer to save the parties' efforts.

(4) Optimize the construction of mechanism and enhance the credibility of mediation

The association and Beijing Integrity Internet Center have established a cooperation mechanism to incorporate dishonest mediation into the construction of social integrity system, so as to improve the integrity of parties involved in mediation. At present, the mechanism is in the initial stage of construction.

4. Constructing the function of international mediation

(1) Build an international mediation platform

To implement the Central Committee's opinions on building international commercial dispute settlement mechanism under the belt and road initiative (hereinafter referred to as "opinions"). We put forward that it's necessary to actively build an international mediation platform, promote international cooperation in all directions and properly resolve the commercial disputes arising from  "the belt and road" construction process, protect the legitimate rights and interests of the Chinese and foreign parties equally, and strive to create a fair and just business environment, so as to promote the construction of "the belt and road" and implement a high level of trade and investment liberalization and facilitation policy. We will promote the construction of an open world economy and provide more powerful judicial services and guarantees.

(2) Build an international mediation center in line with international standards

We have established an international mediation center, and are actively implementing all the work needed to study and carry out international mediation work, formulate international mediation rules in line with international standards, and introduce international mediation expert think tanks with international reputation, so as to build an international mediation center with preliminary ability to resolve cross-border foreign-related disputes as soon as possible. In addition, the association actively combines with industry associations, chamber of commerce and other member organizations, and takes the international mediation center as a functional module to provide legal backing for enterprises to go global and support the legal business environment for attracting investment.

(3) Build international credibility

A special committee on foreign affairs has been set up, and in the past few years, it has taken the lead in conducting exchanges and consultations with the international mediation legal community. On the one hand, we have actively participated in many studies on international mediation by the International Law Commission of the United Nations. On the other hand, the association actively organizes exchanges and strategic cooperation with mediation agencies and international organizations with international influence all over the world. These efforts have effectively improved the credibility of China's international mediation in the international arena, and will be conducive to China's right to speak in the field of international dispute resolution.

VII. Results:

With the support and help of legal competent departments in Beijing, and with the efforts of all member units and mediators, the association has achieved certain results. Over the past four years, the association and its member units have helped Beijing courts in handling more than 200000 pre litigation triage cases and more than 66000 cases entrusted and appointed by the court (more than 110 billion yuan for accepting cases and 35.9 billion yuan for successful mediation cases) (74.1 billion yuan for cooperation with arbitration); it has helped the courts to deliver more than 210000 cases; it has trained 6506 mediators with a total of 42134 class hours.

The association also undertook the project of "innovation project of multi resolution of contradictions and disputes" of the Comprehensive Administration Office of the Central Committee, which won the "outstanding innovation project award" of the Central Political and Legal Committee in 2016. In 2017 and 2018, it won the bronze award of the third and fourth Beijing social organization public service brand. The association has four individuals and seven mediation organizations, which have been listed in the "the Good Person of Beijing". In March 2019, it was rated as "5A social organization" (the highest level of social organization).

The association has also played an active role in resolving major, difficult, complex, sensitive and group related cases, successfully resolving such major cases as the "global tycoon" stakeholder case and the "Wei Zexi v. Baidu case" and so on. The 48th issue of the Beijing High Court' News reported that "Beijing courts‘s exploration relying on Beijing Association for Alternative Dispute Resolution’s resolution of major sensitive cases before litigation has delivered initial results".Yang Wanming, former president of Beijing High People's Court (now vice president of the Supreme People's court), gave a special instruction on this situation, holding that "Beijing Association for Alternative Dispute Resolution has played an irreplaceable role in integrating resources, standardizing the industry, resolving conflicts and preventing and controlling risks", and demanded that "all courts should strengthen contact and cooperation with the association to promote the development of multi mediation" More achievements have been made in the connection of litigation and mediation and the separation of complicated and simple cases".

In terms of international mediation, in 2019, we have effectively mediated dozens of foreign-related cases for the parties, and the total amount of disputes exceeds 700 million yuan. In terms of international credibility, the association has successfully conducted exchanges and training with international well-known mediation institutions in Singapore, Hong Kong, London, Paris, Vienna, Dubai, Tokyo and Los Angeles, and formed strategic partners. In August 2019, the association was jointly invited by the International Law Commission of the United Nations and the Ministry of justice of Singapore to attend the signing ceremony of the United Nations Convention on International Settlement Agreements Resulting from Mediation in Singapore, which witnessed the historic moment of China signing as one of the first member states, and played a positive role in China's bid for the right to speak in the formulation of international dispute settlement rules, which has promoted the cause of multilateral cooperation.

Since its establishment, more than 60 news media and websites have publicized and reported the work of the association. In January this year, the Municipal Bureau of Justice recommended reporters from Legal Daily to visit and interview the association. On March 1, a special report entitled "Beijing Association for Alternative Dispute Resolution, unique in the capital city, activates industry forces and gradually becomes the leading role" was published by FAZHICANKAO, which gives a more detailed introduction to the association.