Measures for mediation fees of Shenzhen Qianhai international commercial mediation center (for Trial Implementation)

(the code is deliberated and adopted by the first Council of Shenzhen Qianhai international commercial mediation center on August 15, 2020, and shall come into force as of the date of promulgation.)

    Chapter I General Provisions

    Article 1 These measures are formulated in accordance with the mediation rules of Shenzhen Qianhai international commercial mediation center, with reference to the domestic commercial mediation charging practices and the international practices of Hong Kong and Macao, in order to standardize the mediation charging behaviors, safeguard the legitimate rights and interests of the parties and the normal order of mediation, and ensure the compliance operation and long-term development of Shenzhen Qianhai international commercial mediation center (hereinafter referred to as the mediation center).

    Article 2 the fees charged by a mediation center shall follow the principles of openness and fairness, voluntary compensation, honesty and trustworthiness, convenience and benefit to the people, strengthen operation management, reduce service costs, and provide high-quality, convenient and low-cost commercial mediation services for the parties.

    Article 3 the fees charged by a mediation center shall consist of the following items:

    （1） Mediation registration fee is the administrative fee charged by the mediation center for accepting commercial cases;

    （2） Mediation service fee refers to the service fee charged to compensate the mediation center and its mediators for the service cost of commercial mediation.

    In addition to the expenses listed in the preceding paragraph, it also includes other expenses related to mediation that shall be borne by the parties separately.

    Article 4 the charging methods and standards of mediation fees shall be based on the local economic development level, social affordability, average cost of mediation services and the needs of long-term development of mediation cause. The mediation center shall put forward a plan, which shall be published to the public after being deliberated and approved by the Council, and shall be revised timely according to the needs of economic and social development and mediation work.

    Article 5 a fee agreement shall be signed between the mediation center and the parties, including fee items and standards, payment and settlement methods, rights and obligations of both parties, dispute settlement methods, etc.

    Article 6 these measures are applicable to the mediation activities of all commercial cases accepted by the mediation center.

    If the parties apply for or agree to accept the mediation of the mediation center, they shall pay the mediation fee to the mediation center in accordance with these measures and the fee agreement.

    The fees charged by the mediation center shall be in strict accordance with these measures, and the unified fees and settlement shall be implemented. The fees shall not be charged in violation of the prescribed scope and standards, and the mediators are not allowed to charge without permission.

    For cases transferred or entrusted for mediation by the people's court, arbitration commission or other dispute settlement agency, or cases for consultation and joint mediation, the fees shall be charged in accordance with the provisions of the agency or as agreed by both parties.

    Chapter II fees for mediation registration

    Article 7 If a party applies for mediation, or one party applies for mediation, and the other party agrees to accept mediation, it shall pay a mediation registration fee to the mediation center.

    The mediation registration fee shall be charged at the standard of 500 yuan per party.

    Article 8 the mediation registration fee shall be paid by both parties (if there are more than two parties, the same below) to the mediation center within three working days from the date of receiving the acceptance decision of the mediation center according to the prescribed standard.

    Article 9 if one or both parties fail to pay the mediation registration fee within the time limit without proper reasons and fail to do so after being urged, it shall be deemed as not accepting or refusing mediation, and the mediation center may withdraw the acceptance decision and return the fee paid by the party who has paid the fee.

    If the mediation procedure is terminated due to the prescribed circumstances after it begins, the mediation registration fee shall not be returned.

    Chapter III fees for mediation services

    Article 10 the mediation service fee shall be collected in two ways, i.e. according to the proportion of the subject matter under dispute and time charge. The specific method to be adopted shall be determined by the mediation center and the parties through consultation.

    Article 11 If a mediation service fee is charged in proportion to the amount of the subject matter under dispute, the mediation service fee shall be calculated and charged according to the following standards:

    （1） If the subject amount is less than 500000 yuan (including the principal amount, the same below), the charge shall be 1%, but if the charge is less than 3000 yuan, the charge shall be 3000 yuan;

    （2） If the subject amount is between 500000 yuan and 2 million yuan, the part exceeding 500000 yuan will be charged by 0.8%;

    （3） If the subject amount is between 2 million yuan and 20 million yuan, the part exceeding 2 million yuan will be charged by 0.5%;

    （4） If the target amount is between 20 million yuan and 100 million yuan, the part exceeding 20 million yuan will be charged by 0.3%;

    （5） If the amount of the subject matter exceeds 100 million yuan, the mediation center may negotiate with the parties on the charging proportion of the excess part.

    Article 12 If time charge is adopted, mediation service fee shall be calculated and charged according to the following standards:

    （1） If the subject amount is less than 2 million yuan, it will be charged at 3000 yuan per hour;

    （2） If the subject amount is RMB 2 million to RMB 20 million, the charge shall be RMB 4000 per hour;

    （3） If the target amount is more than 20 million yuan, it will be charged at 5000 yuan per hour.

    If the mediation time is less than one hour but more than 30 minutes, it shall be charged as one hour.

    Article 13 the payment of mediation service fee shall be shared equally by both parties, but if the parties agree otherwise, such agreement shall prevail.

    Article 14 If a fee is charged in proportion to the amount of the subject matter under dispute, it shall generally be paid by the parties in one lump sum, or by instalments after negotiation. In case of payment by installments, the down payment shall not be less than 50% of the total expenses.

    If the time charge is adopted, the mediation time fee in accordance with the budget of the agreement can be paid by the parties in one time or by stages. In case of payment by installments, the down payment shall not be less than 50% of the total budget mediation time. If the time charge collected is more than or less than the actual time charge for mediation, it shall be treated as "refund for more and make up for less" at the time of settlement.

    The mode of payment by mediation, especially the arrangement of payment by installments, shall be specified in the fee agreement.

    Article 15 both parties shall, within five working days from the date of signing the fee agreement with the mediation center, pay the mediation service fee to the mediation center according to the agreed amount and method of payment. If the payment is made by installments, the remaining fees shall be paid at the agreed time and manner after the first payment.

    If one or both parties fail to pay within the time limit or in full without proper reasons, the mediation center and its mediators have the right to terminate the mediation service; If the fee is not paid after being urged, it shall be deemed as abandoning mediation, and the mediation center may terminate the mediation procedure.

    Article 16 in case of the following circumstances in the process of mediation, the mediation center may, at its discretion, return part or all of the fees paid by the parties:

    （1） If the mediation procedure cannot be started due to one party's failure to pay the fee within the time limit, the other party may apply for the refund of the fee paid;

    （2） If the mediation time cost paid by the parties according to the agreement is more than the actual time cost, the overcharged cost shall be returned to the parties at the time of settlement;

    （3） If one or both parties propose to terminate the mediation procedure, or the mediator decides to terminate the mediation procedure according to the mediation rules, the party may return part of the fees paid after deducting the mediation costs;

    （4） If the mediation procedure is terminated due to the violation of the mediator's rules, the party concerned shall be returned part or even all of the fees paid according to the circumstances and consequences of the mediator's violation.

    The refund of the expenses mentioned in the preceding paragraph may be applied for by the parties or suggested by the mediators, which shall be examined, decided and implemented by the mediation center.

    If the mediation fails at the expiration of the time limit, but the mediation center and its mediators have provided relevant mediation services in accordance with the mediation rules, the mediation service fee shall not be returned.

    Chapter IV other expenses

    Article 17 the following expenses incurred in the course of mediation shall be borne by the parties separately:

    （1） Transportation and accommodation expenses incurred by mediators who need to attend mediation meetings in other places;

    （2） Expenses incurred by inviting witnesses, expert witnesses, lawyers, translators and other relevant personnel to participate in mediation activities;

    （3） Expenses for expert consultation, legal investigation, judicial expertise, document translation, etc. at the request of the parties;

    （4） The expenses incurred by the parties in renting the place for holding the mediation meeting on their own;

    （5） Expenses incurred in connection with mediation, arbitration and litigation, application for judicial confirmation of mediation agreement, and handling legal procedures related to mediation;

    （6） Other reasonable expenses to be borne by the parties.

    Article 18 If a party requests and benefits from the expenses otherwise borne by the parties, the expenses shall be borne by that party; If it is requested or agreed by both parties and benefits both parties, it shall be borne equally by both parties, but if the parties agree otherwise, the agreement shall prevail.

    The fees listed in the preceding paragraph may be paid by the parties themselves to the relevant service providers or relevant institutions, or may be transferred after being collected by the mediation center.

    Chapter V supplementary provisions

    After the nineteenth mediation ends, the mediator should assist the mediation center to complete the charge settlement within ten working days.

    Article 20 in case of any dispute between the mediation center and the parties concerning the mediation fees and the performance of the agreement, the dispute shall be settled through consultation in accordance with the principles of equality, impartiality and mutual understanding.

    In case of dispute caused by the illegal charging behavior of the mediation center or the mediator, the parties have the right to ask the mediation center to return the illegal charging fees and investigate the responsibility of the relevant responsible person in accordance with the regulations.

    Article 21 the remuneration of mediators for presiding over and participating in mediation activities shall be disbursed from the mediation service fees collected, and the specific standards shall be in accordance with the provisions of the mediation center.

    If a mediator is appointed by the mediation center to participate in the mediation of a case transferred or entrusted by a people's court, arbitration commission or other dispute resolution agency, or to participate in joint mediation or assistance mediation, his remuneration or subsidy standard shall be in accordance with the provisions of the agency, or as agreed between the agency and the mediation center.

    Article 22 the expenses listed in these Measures shall be valued in RMB. If foreign currency is required to be converted into RMB for mediation of foreign-related cases, it shall be converted and priced according to the exchange rate announced by the state on the date when the mediation center decides to accept the case.

    Article 23 The Mediation Center shall be responsible for the interpretation of these measures.

    Article 24 These Measures shall come into force as of the date of promulgation.