Shanghai No. 3 Intermediate People's Court (Shanghai Intellectual Property Court) Launched Five Measures to Promote Court Mediation

Since March of this year, Shanghai Intellectual Property Court has been comprehensively promoting commissioned court mediation and has successively cooperated with SFIC People's Mediation Committee for Civil and Commercial Affairs, Shanghai Oriental Notary Public Office, Shanghai Commercial Mediation Center, Shanghai Software Industry Association and other mediation organizations to establish a work mechanism of regularly dispatching mediators and notaries. It aims to further improve the diversified dispute resolution mechanism through strengthening the liaison and cooperation with mediation organizations and engagingtheir participationto a greater extent. Up to April 20 this year, a total of 72 cases had beensubject to court mediation, and 17 cases, of which the subject matters were valued at RMB 27.87 million yuan in total, were mediated successfully, with a settlement rate of 23.6%. Through analysis and summary, the following measureshave been taken: Firstly, to establish a communication mechanism to ensure that court mediation is carried out orderly and effectively according to law. Shanghai Software Industry Association and Shanghai Commercial Mediation Center will send staff to Shanghai Intellectual Property Court at regulartime every week to conduct court mediations, and the frequency and duration depend on the number of cases. Secondly, to make use of the resources of the associationsand provide expert consultations as required. The associations will organizerelevant experts to discuss the professional problems encountered in the trial of cases. Thirdly, to make publicity actively and give play to the extendedfunction of the diversified dispute resolution mechanism, to collect successful mediation cases and compile them into a book, to promotelegal publicity among relevant enterprises and guide them to actively safeguard their rights according to law, and to serve the economic transformation and development. Fourthly, to carry out regular exchanges and establish a mutual feedback mechanism.Effortshave been made to sort out the problems arising in mediation timely, strengthen the communication and feedback to form a positive interaction, and put forward targeted solutions to ensure the effectiveness of court mediation. Fifthly, to strengthen the training of mediators and work together to perform mediations.The backbones in charge of trial will providetraining on mediation skills and some tips so as toimprovethe success rate of mediations.

 

 

 

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