Translator：Wang Yichun

To catalyze the evolution of commercial mediation frameworks, an incisive seminar on the draft of "Regulation for Promoting Commercial Mediation in Pudong New Area" was held on September 23, 2023. This event, collaboratively organized by the School of Law at Tongji University, the Shanghai Law Society's Multidimensional Dispute Legal Studies Institute, and Shanghai Landing Law Offices, took place at the Siping Road campus of Tongji University. Dean Jiang Huiling of Tongji University's School of Law presided over the event and offered opening remarks. Notable attendees included President Gu Weiqiang and Vice President Zhang Bin of the Shanghai Law Society’s Multidimensional Dispute Legal Studies Institute; Deputy Director Zhang Xiheng from the Development Planning Office and Legal Office at Shanghai University of Political Science and Law; Senior Partner Mr. Li Xinli from Shanghai Landing Law Offices; Professor Zhu Guohua, Dr. Zhang Xiang and select student representatives from Tongji University's School of Law. The symposium was moderated by Director Xu Wenhai of Tongji University's Multidimensional Dispute Legal Studies Center.

The symposium was inaugurated with an introductory overview of the draft regulation by Dr. Zhang Xiang. Subsequent discussions featured invaluable contributions from the esteemed panel of experts. Topics of consideration spanned various facets and included, but were not limited to: the proactive involvement of overarching governance bodies like the Political and Legal Committee; addressing issues of quality and information disparities within commercial mediation entities; pioneering preemptive mechanisms for certain categories of commercial disputes; emphasizing the constructive role of trade associations; and fine-tuning the judicial validation process for commercial mediation accords.

Senior Partner Mr. Li Xinli from Shanghai Landing Law Offices undertook a meticulous, article-by-article scrutiny of the draft regulation to promote commercial mediation. Drawing from practical legal experience, he offered an array of targeted recommendations.

Firstly, he addressed the potential for broadening the scope of cases eligible for commercial mediation. He argued that, to alleviate the court system's case burden, any civil or commercial dispute chosen voluntarily by the parties involved should, in principle, face no impediments to employing commercial mediation. This also applies to consumer and labor disputes if chosen voluntarily. Secondly, he called for the standardization of commercial mediation organizations. The current diversity in such entities leads to multiple oversight and administrative bodies, thereby increasing the risk of managerial chaos. Thirdly, he endorsed the legitimacy of a self-regulated fee system for commercial mediation, negating the need for government-imposed pricing guidelines. Fourthly, he highlighted the subjective nature of terms like "bias and insult" used for describing improper mediator behavior. These terms lack objective benchmarks and run the risk of misuse in punitive actions. Fifthly, he suggested eliminating the mention of "accountability" from mediation agreements, as parties generally prefer not to have responsibility assigned in the context of mediation. Additionally, Mr. Li Xinli noted that certain terminologies in the regulation, such as "assistant" in Article 14, "during the mediation" in Article 21, and "the People's Court legally declares the mediation agreement invalid" in Article 26, warrant further consideration for clarity and precision.

The individuals responsible for drafting the regulation acknowledged the illuminating impact of Mr. Li's contributions, emphasizing their roots in practical legal expertise. They assured that these valuable insights would be fully integrated into the forthcoming revisions of the regulation.

In concluding the symposium, Dean Jiang Huiling encapsulated the discussions and pointed out that meaningful advancement in the field of commercial mediation could only be achieved by identifying system frameworks and theoretical underpinnings that truly resonate with the core essence of commercial mediation. He advocated for the regulation to audaciously incorporate current stipulations, draw inspiration from exemplary commercial mediation legislations nationwide, and actively engage the Political and Legal Committee, the Bureau of Justice, and judicial bodies in fortifying the structure of commercial mediation organizations.