In order to provide more choices and a higher quality of judicial service that is more efficient, convenient and economical, this court sets up Cases Management Office and alternative dispute resolution mechanism with Openness and Diversity, Party Autonomy, Independent Profession and Separation of Mediation and Judgment. The following guidance could help you understand the contents of lawsuit and mediation better. Please read carefully.
1. Please read about the following functions of the Joint Center of Lawsuit and Mediation.
The Cases Management Office, which provides the platform for the professional and international lawsuit and mediation convergence settlement of disputes, is led by the First International Civil and Commercial Court of Hainan and constructed by international civil and commercial expert committee, international mediation organizations and arbitration organizations from various fields. The function of the Office is to guide the parties in choosing the appropriate non-litigation dispute fashion, carry out delegated mediation and entrusted mediation, be responsible for the management manual of invited mediation organization and mediator, set up international civil and commercial expert committee at the same rank or be responsible for the international mediation organizations or arbitration organizations cooperated with the Court, establish cohesive mechanism between the court and the organization of non-litigation dispute resolution, build a joint system for lawsuit and mediation, judicial confirmation of the mediation agreement, supervision procedures and others, be responsible for changing the arbitration agreement or mediation agreement to judgment or changing the judgement to arbitration agreement or mediation agreement.
2. Please Refer to the Main Procedures as Followed
2.1 Guidance of lawsuit and mediation. Before filing the case, the disputes that are suitable for litigation shall be settled in advance by means of a delegated mediation or a professional mediation in accordance with the procedure of pre-litigation mediation. If the dispute can be settled through non-litigation procedures such as supervision procedure or public summons procedure, the court will give explanation to the concerned parties. If the party choose to settle the dispute through the procedure litigation, the court shall provide guidance, assist and explanation of litigation psychology, judicial recognition, litigation knowledge and case guiding.
2.2 Pre-reconciliation. The pre-litigation mediation aims to provide the parties a cooling-period and help to settle disputes more conveniently and peacefully. In addition to the parties’ consultation, the special invited mediators, relevant experts or other personnel may participate in negotiations in accordance with the party’s application or entrustment, and provide supplementary coordination and assistance for dispute settlement.
2.3 Knowing exactly about pre-mediation and mediation. For the civil and commercial disputes submitted to the court, Cases Management Office shall summon the parties to attend a pre-litigation mediation meeting in 7 days after litigation materials had been sent to the defendant (if there are more than one defendant, the date of the meeting is arranged according to the date the last defendant had received litigation materials ) to confirm a trial mode. After hearing the details of the case, the parties follow the principle of free will and have rights to choose a trial mode among arbitration, mediation and court trial . If the parties choose the mode of arbitration, Cases Management Office would hand the litigation materials over to international arbitration organizations cooperated with the Court. Then the parties head to international arbitration organizations to settle disputes on their own. If the parties choose the mode of mediation, they have rights to choose specially invited mediation organization, mediators or judges of the Court to mediate. If the parties refuse to arbitrate or mediate, the Court should file the case officially and confirm the presiding judge rapidly. Then the case shall promptly proceed to trial.
If the parties agree to mediate under the guidance of other mediator, mediation organizations or arbitration organizations, the mediation procedure have to be checked and permitted by Cases Management Office so as to obtain its validity.
2.4 Judicial confirmation of mediation. Where the settlement with the nature of the commercial contract is reached by the administrative organ, people’s mediation organization, commercial mediation organization, industry mediation organization or other organization with a mediation function, the concerned party may apply to the court for the confirmation of its validity. Where the settlement is reached with the assistance of a special, invited mediation organization or mediator before case filing, the concerned party can apply to the court for judicial confirmation issued through the legal documents. Where the case has been filed, the court shall make a civil mediation settlement on the basis of the agreement reached by the parties concerned.
