Is it necessary to go to court for pre-trial mediation?

Is it necessary to go to court for pre-trial mediation?

Does pre-trial mediation have to go to court? Law has always been a very important thing in our life. More and more people are gradually popularizing the relevant knowledge of law, but they still don't know enough about the relevant knowledge of law. So is it necessary to go to court for subpoena for pre-trial mediation?

Do I have to go to court for pre-trial mediation? 1 Can court mediation be dispensed with?

1. I don't have to go after receiving the text message of pre-litigation mediation from the court.

Court mediation should be based on the principle of voluntary participation of the parties. If the parties are unwilling to mediate, they have the right not to mediate, so they will not go to court for mediation.

You can ask a lawyer to mediate on your behalf.

If you have given the lawyer special authorization (authorization to admit, give up, change your opinion, mediate on behalf of the client, etc.). ), lawyers can directly participate in mediation on behalf of the parties, and the parties themselves can not go. The mediation agreement signed by the attorney is legally binding on the parties.

Analysis: In civil litigation, the parties can conduct pre-trial mediation without appearing in court. The mediation organized by the court follows the principle of voluntariness, and it is agreed to go; If you don't agree to mediation, you can not go or entrust an agent to go.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 49 A party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.

The parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court.

The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform legally effective judgments, rulings and conciliation statements.

Article 93 In trying civil cases, the people's courts should distinguish right from wrong and mediate on the basis of clear facts.

Article 94 Mediation by a people's court may be presided over by a single judge or a collegial panel, and it shall be conducted on the spot as far as possible.

When conducting mediation, the people's court may notify the parties and witnesses to appear in court in a simple way.

Do I have to go to court for pre-trial mediation? 1. Do you have to go to court for a subpoena?

There are two consequences of not going after receiving a court summons:

1. Compulsory summons refers to a compulsory measure taken by the people's court to force the defendant to appear in court under legal circumstances. It is aimed at defendants who must appear in court. For example, in cases where the object of litigation is maintenance, upbringing and maintenance, the original defendant has a certain kinship and is suitable for mediation. If the defendant does not appear in court, it is not conducive to the mediation of the case.

According to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC), the people's court may summon the defendant who must appear in court, and refuses to appear in court after two summonses without justifiable reasons. "The regulations indicate that subpoenas can only be applied to defendants who have to appear in court. So you may be summoned by the court. Procedurally, the summoned defendant must have been summoned twice, that is, the court must issue two summonses to accept the summons.

Justifiable cause refers to the fact that the defendant cannot foresee and overcome difficulties by himself due to force majeure, and can only be summoned if there is no justifiable reason. The investigation and inquiry of the detained person shall not exceed 24 hours, and the personal freedom of the detained person shall not be restricted after the investigation and inquiry. When taking detention measures outside the jurisdiction, the detainee shall be detained and sent to the local court, and the local court shall provide assistance.

Second, the default judgment This is a judgment made without any reply, and the result can be imagined.

There is no one who does not receive a subpoena. Even if the summoned person cannot be found, the court can also announce the service, and it will be regarded as received after a certain period of time.

2. What if the summons is not served on the defendant?

If the summons cannot be served on the defendant, it may be served by public announcement. According to the relevant laws and regulations, if the whereabouts of the addressee is unknown, or if it cannot be served by other means specified in this section, a notice shall be served. Sixty days after the announcement, it shall be deemed to have been delivered. If it cannot be served by other means or the whereabouts of the recipient are unknown, it must be served by public announcement.

3. What should I do after receiving a summons?

After receiving the summons, the defendant shall submit a reply to the court within 15 days from the date of receiving the court summons. The court will send a copy to the plaintiff within 5 days after receiving the defense. However, if the defendant fails to submit the defense after receiving the court summons, it will not affect the trial of the people's court.

Do I have to go to court for pre-trial mediation? 1. What are the consequences of court mediation?

There are two consequences of not going after receiving a summons:

1. Compulsory summons refers to a compulsory measure taken by the people's court to force the defendant to appear in court under legal circumstances.

It is aimed at defendants who must appear in court. For example, in cases of maintenance, support and maintenance, there is a certain kinship between the original defendants, which is suitable for mediation. If the defendant does not appear in court, it is not conducive to mediation and reasonable settlement of the case. Procedurally, the defendant must be summoned by two summonses, that is, the court must issue two summonses to accept the summons. Justifiable cause refers to the reasons or facts of force majeure that make the defendant unable to foresee and overcome the difficulties on his own. Summons can only be issued if there is no justifiable reason.

The investigation and inquiry of the detained person shall not exceed 24 hours, and the personal freedom of the detained person shall not be restricted after the investigation and inquiry. When taking detention measures outside the jurisdiction, the detainee shall be detained and sent to the local court, and the local court shall provide assistance. According to the law, only defendants who must appear in court can be summoned.

2. Default judgment

The result of the judgment made without any excuse can be imagined. There is no failure to receive a summons. Even if the summoned person cannot be found, the court can announce the service, and after a certain period of time, it is deemed to have been received.

Article 109 of the Civil Procedure Law of People's Republic of China (PRC)

If the people's court refuses to appear in court after two summonses, it may summon the defendant to appear in court.

Article 143 of the Civil Procedure Law of People's Republic of China (PRC).

If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.

Second, what is the procedure of mediation before the court charges?

Materials to be submitted for pre-litigation mediation:

The plaintiff shall submit the original and copy of the complaint;

Provide the list of evidence and the original and photocopy of the evidence;

Proof of identity provided by the party concerned: if the party concerned is a natural person, the original and photocopy of the identity card shall be provided; If the party is a legal person or other organization, it shall provide a copy of the business license of the unit and the identity certificate of the legal representative (person in charge). If a party has an entrusted agent, it shall provide a special power of attorney and the original and photocopy of the identity card of the party and the entrusted agent. The special power of attorney shall specify the specific rights as follows: to admit, give up, change the claim, settle the case on behalf of others, accept mediation, apply for withdrawal of the case on behalf of others, and sign legal documents.

Fill in the confirmation of delivery address and provide the contact information (mailing address and telephone number) of the other party.

In the early stage of the trial, the court will notify the parties to participate in the trial by summons. During the trial, the court will mediate to help the two sides make a reasonable settlement. If the defendant does not appear in court after receiving the summons, it will not hinder the court hearing, and the court will make a judgment by default.