Common Problem

1. What is mediation?
Mediation is a dispute resolution method in addition to litigation and arbitration in which a neutral third party intervenes to assist the parties in the dispute to seek a dispute resolution solution. Mediation is voluntary and requires the consent of all parties. After the mediation procedure is initiated, the parties may suspend the mediation procedure at any time. In the mediation process, the mediator assists the parties in the dispute to explore the problem and seek a feasible solution, so as to facilitate the parties to reach a settlement agreement.

2. What are the benefits of mediation?
　　 (1) Establish a harmonious and constructive atmosphere between the parties to the dispute;
　　 (2) The parties can effectively resolve disputes through friendly negotiation;
　　 (3) Mediation can be started before or at any stage of litigation or arbitration, and the procedure is flexible and convenient;
　　 (4) The parties to the dispute voluntarily make decisions and reach a settlement agreement, and may therefore be more willing to comply with the content of the settlement agreement;
　 　(5) Compared with litigation and arbitration, mediation is low in cost, time-consuming and less pressure on the parties;
　　 (6) The content of the settlement agreement reached through mediation is confidential, and the content of the disputed parties, the content of the mediator's statement, the opinions and opinions raised in the mediation process cannot be quoted in the relevant litigation and arbitration procedures.

3. What kind of dispute is suitable for mediation?
　　 Various types of commercial disputes between equal entities can be resolved through mediation, for example:
　　 (1) Contract disputes
　　 (2) Infringement disputes
　　 (3) Other property rights disputes

4. Do I need to reach an agreement in advance to apply for mediation?
unnecessary. Mediation is voluntary. The parties can apply to the mediation agency for mediation regardless of whether there is an agreement to submit mediation in advance.

5. Can the parties appoint a lawyer to participate in mediation?
Generally speaking, it is not necessary to appoint a lawyer to participate in mediation. However, if you think that consulting a lawyer will help you understand the applicable law of the disputed matter and prepare for mediation, you can seek the advice of a lawyer and entrust a lawyer to participate in the mediation.

6. What preparations do I need to do before mediation?
　　 (1) Be familiar with the background of the case and the issues in dispute;
　　 (2) Consider in advance different acceptable settlement options;
　　 (3) If necessary, seek legal advice first;
　　 (4) Try to arrange for relevant personnel who have decision-making power and play a key role in resolving disputes to attend the entire mediation process.

7. How long does mediation take?
　　Mediation time is related to the following factors:
　　 (1) The number and complexity of the disputes;
　　 (2) The degree of cooperation of the parties and their willingness to participate in mediation;
       Generally speaking, the parties to the dispute can participate in one or two mediation meetings (each takes about several hours) to reach a settlement agreement.

8. How does the mediator facilitate the parties to reach a settlement?
The task of the mediator is not to make decisions for the parties, but to assist the parties in objectively judging the situation, identifying the problem, and thinking about possible ways to resolve the dispute, so as to encourage the parties to find the best way to resolve the dispute. During the mediation process, the mediator will assist the parties to discuss and determine the disputed matters; explore the actual needs and rights of the parties; expand the scope of choice of the settlement plan, and evaluate the best plan; draft a settlement agreement.

9. What is the purpose of the establishment of the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance?
Integrate commercial mediation resources in Guangdong, Hong Kong and Macau, cooperate to promote the settlement of commercial disputes through mediation, strengthen business exchanges and cooperation between commercial mediation service agencies, and jointly improve the service level of commercial mediation in Guangdong, Hong Kong and Macau and the overall position in the Asia-Pacific region.

10. What is the service scope of the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance?
　　(1) Assist the parties to use mediation to deal with commercial disputes;
　　(2) Provide recommendation and referral services for parties who intend to use mediation services, and transfer cases to mediation service agencies that have joined the mediation alliance for processing;
　　(3) Joint alliance members to carry out mediation training and other mediation business seminars to enhance the understanding of mediation from all walks of life.

11. What are the fees for applying for mediation to the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance?
Mediation fees are charged in accordance with the charging methods established by the member mediation agencies of the alliance.

12. How to apply for mediation?
First, you need to submit a written mediation application form. You can download the mediation application template from this website, and scan and upload it with relevant evidence after you fill in the signature or seal it. You can also visit the Secretariat of the Guangdong,Hong Kong & Macao Arbitration & Mediation Alliance to obtain the "Mediation Application Form" , Fill in and submit the application.
If one party submits an application, the Alliance Secretariat will consult the other parties' willingness to mediate. If the parties agree to resolve the dispute between the two parties through mediation, the Alliance Secretariat will contact the parties to assist them in choosing a mediation agency that is a member of the Alliance for mediation. If the parties fail to reach a consensus on the mediation agency, the Alliance Secretariat will appropriately appoint an alliance. The member mediation agency conducts mediation. After receiving all the information, the Alliance Secretariat will refer the case to the mediation agency selected by the parties or appropriately designated mediation agencies for mediation in accordance with the mediation procedures of the mediation agency.
The mediation agency of the determined alliance members will contact the parties as soon as possible to select a mediator and initiate the mediation process.

13. After the mediation is successful, what should one do if one of the parties refuses to perform the settlement agreement?
In the case of successful mediation, a settlement agreement with contractual effect will be formed between the parties. In Mainland China, the settlement agreement itself is not enforceable. However, the settlement agreement can be converted into an arbitration award or arbitration mediation according to the rules of the relevant arbitration institution. For example, in accordance with the provisions of Article 49 of the "Arbitration Rules" of the South China International Economic and Trade Arbitration Commission (referred to as "South China International Arbitration") and the "Combination of Mediation and Arbitration" dispute resolution mechanism in the "Mediation Rules" of the South China International Economic and Trade Arbitration Commission, mediation After the success, the parties can apply for the South China National Arbitration Commission to quickly make an arbitration award based on the content of the settlement agreement, so that the mediation result will have the legal effect of enforcement in at least 154 member states of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, including China. To a certain extent, it can be said that "one adjustment will be finalized, and it will take effect globally."

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