Must the court mediate before the trial?

1. If the case is suitable for mediation, the court will mediate first. If the mediation fails to reach an agreement, the court will hold a hearing.

2. If the parties refuse to mediate, then the court will hold a court session directly.

According to the Civil Procedure Law of People's Republic of China (PRC), the specific provisions are as follows:

Article 9 In trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality. If mediation fails, a judgment shall be made in time.

Article 99 Before the conciliation statement is served, if the conciliation fails to reach an agreement or one party reneges, the people's court shall make a judgment in time.

Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.

Article 133 Cases accepted by the people's courts shall be handled separately according to the circumstances:

(a) if the parties are not in dispute and meet the requirements of the supervision procedure, they may be transferred to the supervision procedure;

(2) If mediation can be conducted before the court session, it shall be settled through mediation in time;

(three) according to the circumstances of the case, determine whether to apply summary procedure or ordinary procedure;

(4) If a court session is needed, the focus of the dispute should be clarified by asking the parties to exchange evidence.

Extended data

Case: Specialized mediation is more effective.

"I am the mediation judge Wang of Pujiang County Court. Upon the application of both parties, I was appointed by the court to mediate the disputes between the two parties ... "On the morning of June 7, in the mediation room of Pujiang County People's Court, the unqualified judge Wang, who is known as the" gold mediator ",was mediating the labor contract dispute between the applicant Huang and the respondent Jin, and the case was quickly mediated because there was little difference between the two parties.

He Jianwei, vice president of Zhejiang Higher People's Court in charge of filing cases, said that after the introduction of the "grand mediation" mechanism, the number of cases entering the trial procedure has been effectively reduced, allowing the post judges to concentrate on hearing complex and difficult cases.

Wu Mou, a tea merchant, contracted the collective land in Miyanshan She Village, Zhaocheng Town, Jingning She Autonomous County, Zhejiang Province to grow tea. There was an argument with the villagers about wages. After mediation by village and township mediation organizations, the contradiction remained unresolved, and both parties appealed to Jingning County People's Court.

After accepting the case, Judge Lei of Judge She Xianglei's mediation studio talked with both parties about the law and human feelings. After repeated patient mediation, Wu Mou, the employer, finally reached a mediation agreement with Agriculture-related organizations and shook hands, and a case that might trigger a collective petition was resolved in the bud.

"I can't believe this case was solved so quickly, even without legal fees." The villagers clapped their hands and cheered.

If the case cannot be resolved through mediation, the courts at all levels in Zhejiang are equipped with a team of quick-cut judges in the litigation service center, which plays a role in quickly resolving disputes and effectively improving trial efficiency through the mechanism of simplifying the complex and diverting the flow.

The Litigation Service Center of Qujiang District People's Court in Quzhou City is equipped with seven post judges who are good at mediation, seven full-time mediation judges, three resident people's mediators and 14 trial assistants, who are specialized in filing mediation and quick adjudication, achieving the goal of "three 80%", that is, more than 80% of civil and commercial cases in the hospital are settled in the Litigation Service Center, and the rate of mediation and withdrawal of civil and commercial cases in the Litigation Service Center has remained at 80 for six consecutive months.

People's Network-Strive to solve 70% to 80% of cases before trial.