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China has started the trial run for Neutral Mediation of Civil and Commercial
Disputes by Lawyers


1 November 2017
Generally, a lawyer is expected to provide legal services only to one party to a transaction or a dispute, such as representing a party to participate in negotiating and concluding contracts with the other party, acting for a party for a dispute resolution, etc.. However, according to the Opinions on Implementation of Trial Run for Mediation by Lawyers promulgated jointly by China's Supreme People's Court and Ministry of Justice on 30 September 2017 (the "Opinions"), a lawyer may as a neutral mediator to mediate various civil and commercial disputes.
Pursuant to the Opinions, when a lawyer conducts mediation, he must remain neutral and shall not be partial or biased in favor of only one side. Once a lawyer becomes a mediator for a dispute, that lawyer shall not be allowed to act as attorney for any party to that dispute for arbitration or litigation in connection with that dispute or any other closely related disputes. According to the Opinions, the term of mediation by lawyer is 30 days which may be extended upon mutual consent by both parties.
The Opinions require that the trial run of the mediation by lawyers will firstly be implemented in 11 provinces/municipalities including Beijing, Heilongjiang, Shanghai, Zhejiang, Anhui, Fujian, Shandong, Hubei, Hunan, Guangdong, Sichuan, and these provinces/municipalities are required to establish the qualification management system for the purpose of mediation by lawyers.

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Disclaimer
Any legal information contained in this newsletter is general in nature and laws and regulations are changing from time to time and compliance will always depend upon the particular circumstances. We have not attempted to give exhaustive descriptions of law or to give a legal opinion on specific legal issues. You should not rely on this newsletter as a legal advice for any particular purpose.

 

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