Looking back on the past year, multiple difficulties and challenges have been intertwined and superimposed, and China's economy has developed in waves and zigzags, and the achievements have not come easily. From an international point of view, the world economic recovery is sluggish, geopolitical conflicts are intensifying, protectionism and unilateralism are on the rise, and the adverse impact of the external environment on China's development continues to increase. From a domestic point of view, after three years of the impact of the new crown epidemic, there are many problems in the economic recovery itself, the deep-seated contradictions accumulated for a long time have accelerated, and many new situations and new problems have followed. The decline in external demand and the lack of domestic demand meet, cyclical and structural problems coexist, and the risks and hidden dangers of real estate, local debt, and small and medium-sized financial institutions in some places are highlighted, and some areas suffer from serious natural disasters such as floods, typhoons, and **.
At present, the social economy is facing new challenges, but with the gradual implementation of national economic reform policies and the implementation and adjustment of various relief measures, commercial activities are becoming more and more frequent, and commercial disputes are also increasing, which provides a broad market and development space for commercial mediators. The diversification of the market demand for commercial mediation, the increasing number of commercial conflicts, and the acceleration of the disposal of creditor's rights and debts all indicate a surge in the demand for commercial mediation practitioners (commercial mediators). At present, there are less than 10,000 people with qualifications to engage in commercial mediation in the country, and there are many shortcomings such as uneven professional skills, imperfect professional recognition and talent system, and unsatisfactory mediation results, which have become important problems that have to be faced in dealing with the contradictions of various commercial entities. Commercial mediation should not only mediate the conflict of interests, but also reflect social responsibility. How to ensure the professional level of practitioners in the new situation and new economic environment, accelerate the construction and improvement of the public, scientific, orderly and professional nature of commercial mediation, and adapt to the demand for commercial mediators under the new social form has become a common topic in front of the society, the judiciary and all commercial subjects.
To sum up, it is not difficult to find that commercial mediators have the following four significant advantages compared with other professions:
Strong demand: All kinds of enterprises, financial institutions, and organizations have a demand for commercial mediators, especially in the fields of international mediators, financial investment, intellectual property rights, etc., and the role of commercial mediators will be more prominent.
Policy support: Many countries and regions have encouraged and supported the use of mediation to resolve commercial disputes, and have issued a series of relevant policies and regulations to provide a good working environment for commercial mediators.
Technological development: With the development of information technology, commercial mediators can use the best mediation platform to conduct remote mediation to improve work efficiency and convenience.
Professionalization trend: The professionalization trend of commercial mediators will become more obvious, and they may need to further subdivide their professional fields to improve their professional ability and influence in specific fields.
What are the unique features of Weifeng Legal's financial and commercial mediation services in the field of non-performing personal loan disposal? Specific to five aspects:
1. Duties of commercial mediators.
A commercial mediator is a professional who specializes in dealing with commercial disputes. They have the knowledge and ability to mediate the complex disputes and conflicts of various parties in the legal, commercial and negotiation fields. Strengthening risk prevention and control and deepening governance at the source are conducive to promoting social harmony and have played a positive role in coordinating and resolving civil and commercial disputes of enterprises, promoting the healthy development of the industry, and promoting social governance. The scope of work of commercial mediators is wide-ranging, involving contract disputes, intellectual property disputes, corporate governance issues, ** disputes and other fields.
The main responsibilities of a commercial mediator include:
Entrustment: Accept the entrustment of the parties or relevant institutions to mediate specific commercial disputes.
Investigation and research: Conduct in-depth research and analysis of the facts and evidence of the dispute to ensure a comprehensive understanding of the dispute.
Organizing mediation: Organizing mediation meetings between two or more parties to guide them to effective communication and negotiation.
Propose a solution: Propose a reasonable solution based on the needs of the parties and the provisions of the law.
Preparation of mediation agreement: After both parties have reached an agreement, make a mediation agreement and supervise its implementation.
2. Professional and systematic training.
Through the analysis of commercial mediation, as well as a large number of examples, the training course explains the problems faced by commercial mediation and the countermeasures that should be taken, covering the Civil Procedure Law, the People's Mediation Law and related regulations, the learning of financial legal knowledge and case analysis, the legal logic and key points of the disposal of non-performing assets (market status, asset acquisition, the advantages and disadvantages of disposal methods, mediation work, etc.), financial mediation practice and case analysis, mediation skills learning (mediation angle, mediation skills, mediator professional ethics, etc.). At the same time, it also includes the study of intellectual property legal knowledge, mediation skills and case analysis of intellectual property disputes, aiming to improve the professional quality and case handling ability of commercial mediators, legal affairs personnel and risk management personnel, and participate in the practical work of commercial mediation more effectively.
Review of previous courses
3. Composition of training experts.
The teaching expert team is composed of senior professors, researchers and experts in the industry. With a wide range of academic backgrounds and rich practical experience, students are able to impart authoritative legal knowledge and practical skills.
Fourth, star rating and regular elimination mechanism.
Trainees who have passed the star assessment will be issued a mediator certificate by the Digital Mediation Center and the Financial and Commercial Mediation Center, and their personal professional information will be posted on the official website of the Digital Mediation Center to become practitioners of the judicial system.
Practitioners who have obtained the mediator certificate are required to take a star rating examination every year to obtain audit qualifications and certifications.
5. Five rights and interests of star mediators.
Certified by authoritative institutions: Recognized by the judiciary, banks, AMC, mediation centers, and social institutions.
Qualifications for the assessment of professional titles: Socialization, professionalism and credibility of professional qualifications.
Mediator talent pool: Practitioners of the national filing and judicial system.
Assignment of commercial mediation cases: Obtain the authority to handle cases from the judiciary, banks, AMCs, mediation centers, and social institutions.
Mediator Benefits: Profit sharing for the disposal of commercial mediation cases, charging standards (commercial mediation brokers).
Epilogue. Commercial mediator is a profession full of challenges and opportunities, with policy support and technological development, the demand for commercial mediators will continue to grow, and the working environment and conditions of practitioners will continue to improve.
Weifeng Legal Affairs and the Digital Mediation Center of Guangzhou Human Resources Service Association have successfully held the first phase of the commercial mediator qualification training course, and the second phase is now in the process of accepting registration, screening, evaluation, and review. In the face of the continuous growth of the scale of non-performing personal loans, there will be the third, fourth and even more commercial mediator qualification training courses in the near future!
Mr. Zhong Zhiping, Chairman of Weifeng Legal Affairs, delivered a speech at the training class.
Since its establishment, Weifeng Legal has continued to grow and develop, the company's headquarters office space has increased from 300 square meters to 3,000 square meters, and nearly 300 authorized cooperative companies have been established in more than 20 provinces and cities such as Beijing, Guangzhou, Chongqing, Hainan, Sichuan, Shandong, Shaanxi, Henan, Anhui, Hunan, Hubei, and Inner Mongolia.
Weifeng Legal has always adhered to the corporate culture of "hard work and seeking truth from facts", adhered to the mission of "striving for a soft landing of China's debts for life", practiced the core values of "crossing others and self, and traveling lightly", and helped debtors go ashore, they will surely make more contributions to the society and become a new force in China's economic development!