Credit Dispute Mediation-World Credit Organization

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ICE8000 credit knowledge column
  • 1. "Introduction to ICE8000 Credit Knowledge"
  • 2. "Building an Integrity Unit——ICE8000 Integrity Management"
  • 3. "ICE8000 Credit Investigation, Analysis, Rating"

    • 6.10 Credit dispute mediation

    Mediation refers to the activities in which a third party resolves the disputes of the parties through suggestions and opinions according to the requirements, statements and related conditions of the parties to the dispute.

    Credit institutions mediate their disputes according to the requests of both parties, which is a traditional credit service. The World Credit Organization [WCO] formulates credit mediation standards to standardize and improve the service. The applicable standard is: "ICE8000 International Credit Standard System International Credit Dispute Mediation Standard" (https://www.ice8000.org/acnhwgc/45.htm).

    6.10.1 Mediation organizations

    1. Mediator

    International Credit Managers [ICM] and International Certified Credit Accountants [ICCA] practicing in ICE8000 credit institutions will automatically serve as mediators. After the practice status expires, the status of mediators will automatically expire.

    The mediator handles the case on behalf of the mediation committee following the principle of independence. Organizations and individuals such as mediation committee members, mediation committees, directors, deputy directors, and mediation workstations have no right to interfere with the independent case handling of mediators and mediation teams.

    2. Mediation Workstation

    ICE8000 credit institution is automatically authorized as a mediation workstation, and the mediation workstation is the organization and implementation unit of the mediation work. The mediation committee does not specifically participate in the mediation work, and the parties can choose a satisfactory mediation workstation to apply for mediation.

    The mediation workstation is only responsible for the organization and implementation of the mediation work, and the specific mediation work is carried out by the mediator following the principles of independence, neutrality and impartiality.

    3. Mediation Committee

    The World Credit Organization [WCO] has set up an International Credit Dispute Mediation Committee (referred to as the Mediation Committee) to manage the mediation work on behalf of the World Credit Organization [WCO]. The Mediation Committee is composed of nine mediation members directly elected by the mediators. However, the committee is a virtual unit and has no actual mediation power. Its duties are: (1) decide and organize the implementation of the mediation committee's internal management affairs and diplomatic affairs; (2) provide support for the mediator's case handling.

    6.10.2 Features of ICE8000 International Credit Dispute Mediation

    1. The parties present evidence in good faith. During the mediation process, the parties should provide evidence in good faith, otherwise, no matter when it is proved that the party's evidence is dishonest, the party will bear the responsibility according to the ICE8000 standard.

    Second, the execution of mediation results is guaranteed by the credit system. The "Dispute Resolution Contract" signed by the parties to the dispute has the legal effect of the contract. If the parties to the dispute fail to perform the "Dispute Resolution Contract", they shall bear the responsibility according to the ICE8000 standard.

    3. Credit mediators are fair and honest. If credit mediators take bribes or other dishonest acts, they shall be held accountable according to ICE8000 standards.

    Fourth, the parties have the obligation to avoid intensifying conflicts. In order to avoid intensifying conflicts, during the mediation process, neither party shall initiate litigation, arbitration, administrative reporting, etc., nor may he complain to newspapers, the Internet and other media, or make any other form of complaint or exposure. Credit punishment measures that have taken effect before the mediation process is initiated should be temporarily suspended.

    6.10.3 related tips

    1. A sign of successful mediation. During the mediation process, both parties agree to the "Mediation Opinion Letter" issued by the sole credit mediator or the mediation team, and sign the "Dispute Resolution Contract", which means that the mediation is successful.

    Second, mediation failure and termination. If the parties reject the mediation opinions three times, the mediation will fail and be terminated. During the mediation process, if any party proposes to terminate the mediation in writing, the mediation fails and terminates.

    3. If the mediation is unsuccessful, neither party shall, in subsequent arbitration proceedings, judicial proceedings or any other procedures, invoke the other party or the credit mediation team’s published, proposed, or suggestions during the mediation process. Any statement, opinion, point of view or suggestion that has been accepted, understood and is willing to accept or deny, as the basis for its request, defense and/or counterclaim.

    4. The obligation of the parties to keep confidential. Before the mediation succeeds or fails, both parties and their agents, credit mediators and other relevant personnel shall not disclose the facts and procedures of the case to the outside world. The requests, statements and other materials submitted by the parties in the mediation procedure, as well as the "Mediation Opinion", "Dispute Settlement Contract" and other materials issued by the credit mediation team, are top-secret materials and are only for the parties (or their authorized units and individuals) ), the World Credit Organization [WCO], and ICE8000 credit institutions, and the reviewer should declare a confidentiality commitment with the additional terms of the Oath of Conscience and the CS Clause. However, if a party fails to perform the effective Dispute Settlement Contract or has dishonest behavior during the mediation process, the other party has the right to disclose all or part of the above-mentioned relevant information in the credit penalty procedure or related legal procedures.

    The above content is excerpted from "Introduction to ICE8000 Credit Knowledge" (written by Fang Bangjian, free to use, but please indicate the source)