Shanghai No.3 Intermediate People’s Court (Intellectual Property Court) Actively Carries out Online Pre-litigation Mediation

According to Opinions on Implementing the Pilot Program of Building Online Pre-litigation Mediation Platforms issued by Shanghai High People’s Court, Shanghai No.3 Intermediate People’s Court (Intellectual Property Court) makes full use of internet technologies to resolve disputes in a legal, impartial, convenient and efficient way, leading to an update of traditional ways of dispute resolution to modern ones. Since the online mediation platform was put into trial operation in July 2017, 20 intellectual property disputes have been resolved through online mediation, which liberates the parties concerned from tedious back-and-forth and improves the efficiency of dispute resolution. The following main measures have been adopted. Firstly to ensure stable operation of the online mediation platform. Depending on the online mediation platform developed by Shanghai High People’s Court, efforts have been made to strengthen the communication and cooperation with the operation department of the online mediation platform to ensure the stable operation of the online mediation platform and further guarantee the safe transfer, storage and use of data. Now, the judges can use personal computers to resolve disputes online while the parties concerned use personal computers or mobile app. Secondly, to regulate the management of online mediators. In total, 12 mediators who are proficient with laws, enthusiastic about mediation and skilled at using network technologies from over 160 registered mediators from 13 contracted mediation organizations have been selected as online mediators. Their information have been input into the online mediation platform in a timely and accurate manner, and a roster of online mediators has been established with a database accessible to the parties involved in the online mediation who can choose their own mediators. Thirdly, to improve the management of online mediation process. The procedures of accepting, registering and handling dispute cases have been regulated, the time limit for mediation has been specified and the focuses of process management have been highlighted. Through such procedures as accepting cases, choosing online mediators, guidance and clarification, dispute mediation, judicial confirmation and assessment by mediators, comprehensive process management of online mediation platform has achieved

 an integrated management system has established, including guiding and supervising the mediation process, collecting feedback on results of mediation and making comments on effects of mediation. Fourthly, to proactively encourage the parties involved to choose online mediation. The parties involved, especially those who do not live in Shanghai, are encouraged to resolve their disputes through the online mediation platform. In case both parties have attorneys, the attorneys are encouraged to guide the parties to resolve their disputes through the online mediation platform.

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