What is a civil and commercial mediation center?

The civil and commercial mediation center is a civil mediation organization whose purpose is to connect the parties by telephone, internet and other remote means and facilitate the two parties to reach a mediation agreement. This institution can mediate various civil and commercial disputes such as company disputes, economic contract disputes, intellectual property disputes, property disputes and labor disputes. The mediation scope of China Civil and Commercial Mediation Center includes but is not limited to the following types: labor disputes: including labor contract disputes, industrial injury compensation, overtime pay and other issues. Contract disputes: including sales contracts, lease contracts, service contracts and other economic contract disputes. Intellectual property disputes: including copyright, trademark rights, patent rights and other intellectual property disputes. Property disputes: including property management, service contracts and other property disputes. Other civil and commercial disputes: including marriage and family, damages and other civil and commercial disputes. It should be noted that China Civil and Commercial Mediation Center is not a legal entity, and its mediation agreement has no legal effect.

The civil and commercial mediation center is a specialized agency responsible for the mediation of commercial disputes. Its main duty is to assist the parties to mediate commercial disputes and seek a harmonious solution.

According to the legal framework of China, there are two main ways to solve commercial disputes: litigation and non-litigation. Commercial mediation is a non-litigation solution, which can help the parties to solve commercial disputes quickly and efficiently and avoid the long litigation process and litigation cost. The mediation result of a commercial mediation center, after the parties agree and sign a mediation agreement, has legal effect and is binding on the parties. If the parties fail to perform the mediation agreement, the other party may apply to the people's court for enforcement.

It should be noted that the commercial mediation center only mediates commercial disputes and is not responsible for mediating criminal cases, administrative disputes and other types of disputes. In addition, the mediation result of the commercial mediation center is different from the judgment or ruling, and does not have the same legal effect as the court judgment or ruling. The parties can voluntarily choose whether to adopt the mediation results, but once a mediation agreement is signed, they must fulfill their obligations in the agreement.

To sum up, the mediation result of the commercial mediation center has legal effect and is a legally recognized non-litigation solution. It can help the parties to solve business disputes quickly and reduce the cost and time of disputes.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 142

After accepting the case, the people's court, after examination, finds that the legal relationship is clear and the facts are clear, and can conduct mediation with the consent of both parties.

Article 143

Cases in which special procedures, supervision procedures and public reminders are applied, cases in which marriage and other identity relationships are confirmed, and other cases that cannot be mediated according to the nature of the cases shall not be mediated.

Article 144

When a people's court hears a civil case and finds malicious collusion between the parties in an attempt to infringe upon the legitimate rights and interests of others through reconciliation or mediation, it shall handle it in accordance with the provisions of Article 112 of the Civil Procedure Law.