Procedural flow of pre-trial mediation

Common pre-trial mediation has the following three situations:

1, filing stage

Article 1 of the Supreme People's Court's Provisions on Several Issues Concerning Civil Mediation by People's Courts stipulates: "The people's courts may mediate civil cases of first instance, second instance and retrial before the expiration of the defense period with the consent of all parties." This means that if the parties voluntarily give up their defense and agree to mediation, they can immediately enter mediation. Mediation at this stage can save trial resources to a greater extent.

Mediation at this stage is based on the agreement of the parties, and there are two ways to directly enter pre-trial mediation: one is that the parties take the initiative to ask for mediation; The other is that the judge asks the parties whether they are willing to mediate, and all the parties agree to mediate.

Because this stage is based on the principle of fully embodying the parties' right of voluntary disposition, in order to avoid leaving hidden dangers because the procedure is too simple, when solving a case, we should inform the list of judges and clerks presiding over mediation according to the relevant provisions of the Civil Procedure Law, explain the rights and obligations of the parties in detail, ask the parties' claims in detail, and examine whether the agreement reached by both parties conforms to laws and regulations, violates the true meaning of the parties, and infringes the interests of the third party, the state and society.

2. Simple stage in complex and simplified transformation

Civil cases that do not agree to mediation or fail to reach an agreement after filing the case and before the expiration of the defense period shall be divided according to the degree of difficulty. For simple cases with clear facts and little dispute between the two sides, summary procedures shall be applied and handed over to special summary judicial institutions or judges for handling. After receiving a case, the judges may conduct a preliminary examination of the case and organize mediation before the court session. The applicable situations are as follows:

(1) Marriage and family disputes. For example, marriage disputes, adoption disputes, maintenance, maintenance and inheritance disputes, because such cases contain rich ethical content, if they are simply adjusted by legal norms, it is not conducive to the complete settlement of disputes;

(2) Labor service, homestead, neighboring relations and partnership disputes. Because such disputes are related to the most basic living order and living environment of the parties, if the contradictions are resolved through mediation, it will be convenient for the parties to live in harmony in their future cooperation and life;

(3) In cases where the subject matter of litigation is small or the summary procedure is applicable, mediation can not only shorten the time of damage, but also help both parties to actually perform the agreement.

3. Pre-trial evidence exchange stage

Article 37 of the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings stipulates that "the people's court may, at the request of the parties, organize the parties to exchange evidence before the court session; The people's court shall organize the parties to exchange evidence after the expiration of the defense period and before the court session. " At the same time, Article 39 of the Regulations stipulates that "the exchange of evidence shall be conducted under the auspices of a judge. In the process of evidence exchange, the facts and evidence that the judge has no objection to the parties shall be recorded in the volume; Inconsistent evidence? Classified and recorded in the volume according to the facts that need to be proved? And record the reasons for opposition. By exchanging evidence? Determine the main issues of dispute between the two sides. "

Obviously, the evidence exchange is presided over by the presiding judge, asking the parties what facts and evidence they disagree with, checking the original evidence of the objection and listening to the statement of the objection. Therefore, after the end of the procedure, the presiding judge can form a preliminary plan for the focus of the dispute, the authenticity and validity of the evidence and the way to solve it. All parties can also have a clear concept of the merits of the case through the exchange and verification of evidence. In order to avoid the continuation and expansion of losses, the parties are more likely to accept mediation. At this point, the judge can purposefully eliminate barriers, seize the focus, and urge the two sides to reach an agreement.

Cases entering the stage of evidence exchange are generally cases with more evidence or complicated problems, so most cases have entered the ordinary procedure. If the case is closed through mediation, it can not only simplify the trial, shorten the handling period, save the litigation cost of the parties, but also save the human resources of the court.

Legal basis: Article 9 of the Civil Procedure Law stipulates that the people's court shall conduct mediation on the basis of voluntariness and legality when trying civil cases; If mediation fails, a judgment shall be made in time.