Journal of Shanghai University (Social Science Edition) ›› 2019, Vol. 36 ›› Issue (4): 116-129.

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Bettering Chinese Commercial Mediation Mechanism in the Context of Singapore Mediation Convention

  

  • Online:2019-07-15 Published:2019-07-15

Abstract:  Institutional problems exist in Chinese commercial mediation mechanism such as the lack of legislation on commercial mediation, the absence of an accreditation mechanism for mediators and the necessity of a unified professional code for mediators which can reach international standards. These problems will be more hazardous to China after the Singapore Mediation Convention comes into effect. As a result, courts will have to acknowledge international mediated settlement agreements on commercial disputes indiscriminately, thus dampening the justification of international commercial mediation and in turn reducing the mediation attractiveness to parties concerned. In view of this, first of all, China should legislate on commercial mediation, regulating affairs such as the application scope of mediation, confidentiality of mediation and implementation of mediation agreements. Secondly, a unified accreditation system for mediators should be sponsored by nongovernmental organizations. Thirdly, a set of model professional codes for mediators should be made, according to which the violation of the codes shall negatively affect the accreditation of a mediator. Fourthly, an integrated marketoriented mediation mechanism consisting of institutional, lawyer and industry mediation can be facilitated by the combined use of accreditation of mediators and a model professional code.
Key words:

Key words:  , Singapore Mediation Convention, commercial mediation, accreditation, professional code