The All-China Federation of Industry and Commerce ("ACFIC") and the Ministry of Justice ("MOJ") have recently issued the Opinions on Promoting the People's Mediation by Chambers of Commerce (the "Opinions").
The Opinions explicitly state that the mediation will apply to disputes between members of a chamber of commerce, disputes between a member enterprise and its employees, disputes between a member and its related producers and operators, disputes between a member and other entities or individuals, etc. According to the Opinions, a chamber of commerce shall legally establish a people's mediation committee for its own. The people's mediation committee of the chamber of commerce is composed of three to nine committee members, and make active efforts to attract entrepreneurs and lawyers to act as committee members. The people's mediation committee of a chamber of commerce may, depending on its needs, retain qualified individuals to serve full time or part time as the people's mediators, and particularly select such individuals from business owners, legal advisors of chambers of commerce, representatives from labor unions, experts in the related fields and public figures. Furthermore, the Opinions note that a people's mediation agreement lawfully reached by parties concerned shall be legally binding. Both parties concerned may jointly apply to the people's court for judicial confirmation within 30 days from the date when their mediation agreement takes effect, if they consider it necessary to do so.