What is mediation
1. What is mediation?
A: as a non litigation dispute resolution, mediation is a process in which both parties communicate, negotiate and finally reach a settlement with the help of a neutral third party (mediator).
2. Why mediation?
A: as a non litigation dispute resolution, mediation has flexibility, efficiency, time saving and economy. Based on the principle of voluntariness and confidentiality, mediation can maximize the mutual benefit and win-win of both parties, not only solve disputes, reconcile contradictions, safeguard the rights of both parties, but also do not harm the cooperative relationship between both parties.
3. What are the advantages of mediation over litigation?
A: as a non litigation dispute resolution, mediation is on the basis of consensus between the parties through the intervention, mediation and witness of a neutral third party on the basis of the willingness. Litigation is to solve disputes by judicial means, and the court exercises judicial power to solve disputes on behalf of the state. Therefore, compared with litigation, mediation has the advantages of voluntariness and flexibility.
4. What are the advantages of mediation over arbitration?
A: as a non litigation dispute resolution mechanism, arbitration must comply with strict arbitration procedures, and the arbitration results are not decided by the parties. One arbitration is final. In contrast, the mediation is more flexible. The mediation is based on the willingness of the parties. If it is unsuccessful, you can choose litigation, arbitration.
5. Which cases can be submitted for mediation?
A: commercial mediation is applicable to disputes in trade, investment, finance, securities, intellectual property, technology transfer, real estate, project contracting, transportation, insurance and other commercial and maritime fields.