What is pre-litigation mediation?

Pre-litigation mediation includes two situations. One is that it does not have the nature of trial, that is, it is mediated by the people's mediation studio set up by the filing court; One is the nature of trial, that is, the mediation by the judge of the filing court or the mediation between the judge and the people's jurors and people's mediators. Mediation system mainly includes court mediation, people mediation and administrative mediation. Court mediation, also known as judicial mediation and litigation mediation, refers to the court's activities in trying various cases, presided over by the court, and the parties reach an agreement through equal consultation, thus solving disputes. Administrative mediation refers to the activities of the state administrative organs with the function of mediating disputes, in accordance with national policies and laws, in line with the principle of voluntariness, on the basis of distinguishing responsibilities and distinguishing right from wrong, and through persuasion and education, to promote mutual understanding and mutual accommodation between the two sides and reach an agreement to resolve disputes. People's mediation refers to a mass activity under the auspices of the people's mediation Committee to persuade and educate the parties to civil disputes, persuade them to make mutual understanding and accommodation, and eliminate disputes. He is an autonomous act of self-management, self-education and self-service of the masses. From the three concepts of mediation, it can be seen that court mediation is the authority and a trial activity of the people's court. The mediation documents formed by it are mandatory, and mediation is the authority of the state administrative organs. The mediation agreement formed by it has no mandatory legal effect, and its nature is a contract. In practice, the important feature of pre-litigation mediation is that the mediation procedure takes place before the lawsuit is filed. Thus, pre-litigation mediation should not belong to the category of court mediation and administrative mediation, and its essence is a kind of people's mediation.

Article 195 of the Civil Procedure Law of People's Republic of China (PRC). After accepting the application, the people's court shall rule that the mediation agreement is valid if it is found to be in compliance with the law after examination. If one party refuses to perform or fails to perform completely, the other party may apply to the people's court for enforcement. If it does not meet the statutory conditions, the application shall be rejected by ruling, and the parties may change the original mediation agreement or reach a new mediation agreement through mediation, or bring a lawsuit to the people's court.