Where laws, regulations and rules provide otherwise for administrative mediation, such provisions shall prevail. Article 3 Administrative organs may mediate the following disputes:
(1) Disputes between citizens, legal persons and other organizations that can be mediated by administrative organs according to laws, regulations and rules (hereinafter referred to as civil disputes):
1. Civil disputes that can be mediated by the public security;
2. traffic accident compensation dispute;
3. Disputes over compensation for environmental pollution;
4. Contract disputes;
5. Medical malpractice disputes and medical disputes;
6 consumer rights disputes and product quality disputes;
7. Land contract management disputes;
8. Disputes over infringement of copyright and infringement of trademark exclusive right and patent compensation;
9. Water resources disputes;
10. Other civil disputes that can be mediated according to laws, regulations and rules.
(2) Disputes between citizens, legal persons or other organizations and administrative organs on administrative compensation, administrative compensation and administrative organs' exercise of discretion prescribed by laws, regulations and rules (hereinafter referred to as administrative disputes). Article 4 The judicial administrative departments of cities and counties (districts) shall be responsible for promoting, guiding, coordinating and supervising the administrative mediation within their respective administrative areas. Article 5 Administrative mediation adheres to the principles of who is in charge and who is responsible, reasonableness according to law, voluntariness and equality, respect for the right to appeal, and convenience in time. Article 6 Administrative mediation by administrative organs shall be based on facts and take the law as the criterion, and shall not harm national interests, public interests and the legitimate rights and interests of citizens, legal persons and other organizations. Seventh administrative mediation work required funds included in the budget of administrative organs, guaranteed by the finance at the same level.
Administrative mediation shall not charge any fees. Article 8 When an administrative organ discovers a public security case, a criminal case or other disputes that may affect social stability in administrative mediation, it shall promptly notify the public security organ or other departments that have the right to handle it, and take effective measures to control the escalation of the situation. Chapter II Mediation of Civil Disputes Article 9 Civil disputes shall be mediated by administrative organs with corresponding management functions in the place where the disputes occur.
When mediating civil disputes, administrative organs shall remain objective and neutral, and shall not be partial to or cover up one party. Article 10 A party applying for mediation of a civil dispute shall meet the following conditions:
(1) Disputes listed in Item 1 of Article 3 of these Provisions;
(2) Having a direct interest in a civil dispute;
(3) Having a clear opposite party;
(four) there are clear and specific mediation requests, facts and reasons;
(five) the civil dispute has not been accepted or handled by the people's court, arbitration institution, people's mediation organization or other administrative organs. Eleventh parties may apply for mediation of civil disputes in writing or orally. If a party applies orally, the administrative organ shall record the basic information, mediation request, facts and reasons of the party. Article 12 After receiving the application for mediation of civil disputes, the administrative organ shall examine the relevant materials and solicit the opinions of the other party within 5 working days to decide whether to accept it. Thirteenth civil dispute mediation applications meet the following conditions, the administrative organ shall accept:
(1) It falls within the scope of administrative mediation of this organ;
(2) It meets the conditions listed in Article 10 of these Provisions;
(3) The other party agrees to mediate. Article 14 If an administrative organ decides to accept the case, it shall serve a Notice of Acceptance of Administrative Mediation on both parties, informing them of the time and place of mediation, mediators and other matters, and indicating the time limit for bringing a lawsuit and applying for arbitration.
If it is not within the scope of administrative mediation of this organ, the administrative organ that receives the application for civil dispute mediation shall transfer the application to the department with jurisdiction and inform the applicant.
If the administrative organ decides not to accept it, it shall make a "Decision on Not Accepting Administrative Mediation" and serve it on the applicant. Fifteenth administrative organs in the process of performing administrative duties found within the scope of administrative mediation of civil disputes, with the consent of both parties, can start mediation. Article 16 A civil dispute mediator shall be composed of 0 to 3 persons designated by the person in charge of the administrative organ.
The person in charge of the administrative organ shall act as a mediator in cases with complex legal relations, great difficulty and great influence. Article 17 If a citizen, legal person or other organization other than a party has an interest in a civil dispute, he may apply for mediation or be notified by an administrative organ to participate in mediation. Eighteenth administrative organs to mediate civil disputes, according to the need to invite relevant units, professionals or other relevant personnel to participate, the invited units or individuals shall support and cooperate.