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Where is the entry point of the Supreme People's Court's provisions on people's courts inviting mediation?
The characteristics and advantages of the Supreme People's Court's Provisions on People's Courts Inviting Mediation, or the breakthrough point: 1. Invited mediation provides people with a way to choose mediation, which is conducive to the settlement of disputes.
Invited mediation comes down in one continuous line with the "two principles of convenience" in procedural law. Compared with the time and economic cost of litigation, mediation procedure is more convenient and can save a lot of time and money for the parties; A relatively dignified court, a warm mediation place and a moderate mediator's attitude can effectively alleviate the state of confrontation; Relative litigation must contend for right and wrong, and mediation can reach a win-win mediation agreement by clarifying the actual needs of both parties; Compared with the uncertainty of litigation results, the right to dispose of rights and interests is in the hands of the parties to the dispute, and the mediation results are more predictable.
2. Inviting mediation can effectively solve the problem of insufficient authority of non-litigation dispute resolution.
Invited mediation is somewhat similar to "incidental mediation" in foreign courts. Through pre-litigation and case diversion, the court introduced suitable cases into mediation procedures, provided consulting and training services for specially invited mediators, managed the process of specially invited mediation cases, controlled the basic process of dispute resolution, judicially confirmed mediation agreements, reviewed and produced mediation documents, etc., which improved the fairness of mediation and the effectiveness of agreements, and also improved the authority of non-litigation dispute resolution.
3. Inviting mediation can guide the standardized development of various mediation resources outside litigation.
The invited mediation system fully considers the role of public resources, and mediation organizations such as people's mediation, administrative mediation, industry mediation and commercial mediation can all enter the list of invited mediation organizations. Inviting mediation also pays attention to the role of social resources. Invited mediators can be deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, or people with certain prestige in specific fields, all of which make use of social dispute resolution resources. At the same time, some market-oriented organizations, such as commercial mediation organizations, are also important sources of the roster of specially invited mediation organizations. Introducing them into the roster will help them standardize their development and give full play to their advantages.
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