In order to provide more choices and a higher quality of judicial service that is more efficient, convenient and economical, this court adopts the mode of Joint of Litigation and Mediation and sets up a Joint Mechanism with Openness and Diversity, Party Autonomy, Independent Profession and Separation of Mediation and Judgment.
14.1.Please read about the following functions of the Joint Center of Lawsuit and Mediation.
The Joint Center of Lawsuit and Mediation which provides the platform for the professional and international lawsuit and mediation convergence settlement of disputes, is led by Shenzhen Qianhai Cooperation Zone People’s Court and constructed by mediation organization from various fields. The main function of the center is to guide the parties in choosing the appropriate non-litigation dispute resolution, carry out delegated mediation and entrusted mediation, be responsible for the management of special invited mediation organization and mediator, establish cohesive mechanism between the court and the organization of non-litigation dispute resolution, build a joint system for lawsuit and mediation, settle judicial confirmation of the mediation agreement, supervision procedures and others.
14.2.Please Refer to the Main Procedures as Followed
14.2.1. Guidance of lawsuit and mediation. Before filing the case, the disputes that are suitable for mediation 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 an explanation to the concerned parties. If the party choose to settle the dispute through the procedure of litigation, the court shall provide guidance, assist and explanation of litigation psychology, judicial cognition, litigation knowledge and case guiding.
14.2.2. Pre-reconciliation. The pre-litigation mediation aims to provide the parties a cooling-off period and help to settle disputes more conveniently and peacefully. In addition to the parties' voluntary consultation, the special invited mediators, relevant experts or other personnel may participate in the negotiations in accordance with the party’s application or entrustment, and provide supplementary coordination and assistance for dispute settlement.
14.2.3.Knowing exactly about pre-mediation and mediation. The civil and commercial disputes prosecuted to the court by the parties shall be screened and diverted by the registration personnel or the full-time mediators of the Joint Lawsuit and Mediation Center. After registration, if the full-time mediators or appointed judge of the court believe that it is possible to settle the dispute with mediation, he may organize the mediation with the consent of both parties. For the case with exchanged evidence before the hearing, the judge or the judge’s clerk may, after the completion of evidence exchange, inform the parties of the litigation risk and guide the parties to mediate on the basis of the disputes and evidence of the fixed case.
14.2.4.Judicial confirmation of mediation. Where the settlement with the nature of the civil 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.
14.2.5.The convergence of the mediation and supervision procedure. If the settlement involved money or securities payment and the concerned creditor applies a payment order to the Qianhai Court, the court shall issue the payment order in accordance with the law.
