Mediation Guidelines

Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance Commercial Dispute Mediation Procedure Guidelines

1. Application for mediation

After the parties have a commercial dispute, if they cannot resolve it through negotiation, one or both parties may apply to the secretariat of the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance (hereinafter referred to as the "Mediation Alliance") for mediation.

2. Willingness to mediate

After receiving an application for mediation by a party, the secretariat consults the other party on whether to agree to mediation. If the mediation is not agreed, the secretariat will notify the applicant and the mediation will be terminated.

3.Select the mediation agency.

If both parties agree to mediation, the parties shall first jointly select a mediation agency from the list of members of the mediation alliance to conduct mediation; if both parties do not select within the notice period or jointly entrust the secretariat to appoint, the secretariat will follow the dispute Nature appointed a mediation agency in the list of alliance members to conduct mediation for both parties.

If the selected mediation agency cannot mediate the disputed matter, the mediation agency shall be re-determined in accordance with the provisions of the preceding paragraph.

4. Forward the mediation application

After the mediation agency is determined, the secretariat forwards the mediation application of the parties to the determined mediation agency. Both parties shall go through relevant mediation procedures and conduct mediation in accordance with the requirements of the mediation agency.

5. Informing the mediation result

After the mediation is completed, the mediation agency shall notify the secretariat of the mediation result in writing.

6. Combination of mediation and arbitration

If a settlement agreement is reached through mediation, in order to give the mediation result enforceability, both parties may agree to submit the settlement agreement reached through mediation to the South China International Economic and Trade Arbitration Commission (Shenzhen Court of International Arbitration) for a settlement award. The settlement award can be enforced in at least 154 countries in accordance with the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards.