How many days is the mediation period?

The period of mediation in general courts is about 15 days. Generally, court mediation can be conducted after the expiration of the defense period and before the judgment. If both parties agree, the court may conduct mediation before the expiration of the defense period. Both parties can put forward their own mediation scheme, and the court can also make it. Court mediation is also called litigation mediation. Including mediation activities, mediation principles, mediation procedures, mediation books and mediation agreements. It is a system in which the parties resolve disputes, terminate lawsuits, safeguard their legitimate rights and interests, and conclude civil cases and economic disputes through consultation. Litigation mediation is a lawsuit between the people's court and the parties, and its mediation agreement will take legal effect once it is confirmed by the court.

First, the difference between pre-litigation mediation and filing mediation in civil litigation

1, the nature of mediation disputes is different. Filing mediation is litigation mediation, and pre-litigation mediation is people's mediation.

2. The objects of mediation are different. The object of mediation is a civil case that has been accepted. The object of mediation before litigation is the contradiction and dispute that the parties bring a lawsuit to the people's court, but the people's court does not accept the case, but refers it to the "people's mediation studio" for mediation.

3, presided over the mediation of different personnel. The mediation of filing a case is organized by the judge of the filing court of the people's court, and the mediation before litigation is presided over by the people's mediator arranged by the People's Mediation Studio.

4. Mediation agreements have different effects. If a mediation agreement is reached by filing a case for mediation, it will become legally effective after both parties sign the mediation agreement or press their fingerprints. If one party fails to perform consciously, the other party may apply to the people's court for compulsory execution; The mediation agreement reached by pre-litigation mediation has the legal nature of a civil contract. If one party fails to perform the contents of the mediation agreement, the other party may apply to the people's court to confirm the legal effect of the mediation agreement.

Second, the way of civil litigation mediation

1, pre-litigation mediation.

Pre-litigation mediation refers to the mediation conducted by the people's court before the start of litigation activities. Combined with the activities of "sending court police to the grassroots" in recent years and the established polling network, disputes are resolved at the grassroots level and digested in the initial state.

2. file a case for mediation.

The mediation of filing a case is an effective supplement to the pre-litigation mediation by the people's court to intervene and mediate the case as soon as possible when filing a case.

3. Pre-trial mediation.

Pre-trial mediation refers to the litigation activities in which the court organizes the parties to the dispute to settle after the litigation procedure is started and before the court session, so as to urge the parties to reach an agreement to solve the dispute. Pre-trial mediation is a pretreatment procedure for cases suitable for mediation. Its remarkable feature is that both parties mediate under the auspices of the court, and reach a mediation agreement or transfer to trial procedure according to the case and actual situation. It can maximize reconciliation, resolve contradictions and improve litigation efficiency.

4, letters (network, SMS) mediation.

Letter (network, SMS) mediation refers to a way for the people's court to mediate disputes by letter (network, SMS) after the parties file a lawsuit.

5. Socialized mediation.

Article 95 of the Civil Procedure Law stipulates that the people's court may invite relevant units and people to assist in mediation according to the needs of the case. The invited units and individuals shall assist the people's court in mediation. According to this provision, when trying civil and commercial disputes, the people's court can, under the leadership of the Party committee and the government, set up a public opinion survey network coordinated by government functional departments, village committees, villagers' groups, streets, communities, workers, young women and other people's organizations and people's mediation committees, and hold mediation meetings to mediate disputes according to the first-hand information of grassroots roving case handlers and police officers.

6. Court mediation.

Mediation in court session refers to the mediation of the parties during the court session and is an integral part of the court session. The Civil Procedure Law stipulates that "at the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time. In court proceedings, mediation is consistent. Mediation can be conducted not only during the investigation and debate, but also after the debate. It is more likely to reach an agreement through mediation in court.

7. Submit to mediation.

Service mediation is the mediation that the people's court makes full use of the opportunity to meet the parties when serving legal documents to them.

Legal basis: Article 95 of the Civil Procedure Law of People's Republic of China (PRC). The people's court may invite relevant units and individuals to assist in mediation. The invited units and individuals shall assist the people's court in mediation.