How to inform the defendant in pre-litigation mediation

How to inform the defendant in pre-litigation mediation

How to inform the defendant in pre-litigation mediation, in fact, for legal issues, because it involves many aspects, so many of us are not clear about the differences between the following similar legal provisions. Let's learn how to inform the defendant in pre-litigation mediation.

How to inform the defendant to mediate before litigation? The mediator of 1 will contact the defendant, and some district courts will systematically send the case information directly to the defendant.

1. What is the procedure of court pre-litigation mediation?

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.

Other necessary litigation materials.

Pre-litigation mediation process:

Prosecution-the parties choose pre-litigation mediation-the court arranges pre-litigation mediation-the mediator presides over mediation (no more than 20 days).

Mediation is successful-if the parties do not file a lawsuit, the court will not file a case and return the prosecution materials.

If the parties reach a settlement and withdraw the lawsuit, there is no need to produce documents, and the court will handle it in the way that the parties withdraw the lawsuit.

The mediation organization issues a mediation agreement, and the court files the case in the way that the parties withdraw the lawsuit.

The court filed a case and issued a civil conciliation statement.

Mediation is unsuccessful-file a lawsuit.

Second, the mediation mode of China's current civil pre-litigation mediation system

(A) the establishment of people's mediation studio model

That is, a people's mediation studio is set up in the court, and retired judges, prosecutors and other non-legal workers with mediation experience and professional knowledge participate in mediation. Cases that appeal to the court and conform to pre-litigation mediation shall be transferred to the people's mediation studio for mediation by the filing court. For successful mediation cases, both parties will reach a mediation agreement, and the mediation agreement reached by both parties can apply to the filing court for judicial agreement confirmation, giving the mediation agreement mandatory effect.

(B) Entrusting other organizations for mediation mode

Disputes involving specific fields and related industries may be referred to relevant mediation organizations for mediation with the consent of the parties. Cases involving labor disputes, doctor-patient disputes and traffic accident disputes can be handed over to labor and social security departments, (doctor-patient mediation committees) and other relevant mediation organizations for mediation, giving full play to their advantages of being familiar with professional knowledge, being close to the masses and having certain prestige, and realizing the settlement of disputes.

(C) the court judge's self-mediation model

For cases that appeal to the court and conform to pre-litigation mediation, the pre-litigation mediation center of the court archives shall coordinate and organize the pre-litigation mediation work. Pre-register the case first, and then transfer the case to the corresponding court room for mediation by the judge according to the nature of the case. Cases that are unsuccessful in mediation should be put on file in time, and cases that are successful in mediation can be put on file in a quick way and a mediation book can be issued in time, so that efficiency and justice can be fully exerted and reflected.

Mediation is an important part of China's non-litigation dispute resolution mechanism. At this time, we should pay great attention to the relevant provisions of civil litigation in our daily life, especially when it comes to the protection of our own interests.

How to inform mediation before being told II. What are the provisions of pre-litigation mediation?

1. The provisions of mediation before litigation are: when trying a civil case, the people's court shall distinguish right from wrong and conduct mediation on the basis of clear facts. Mediation by the people's court may be presided over by a 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.

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

Article 96 When trying a civil case, the people's court shall distinguish right from wrong and conduct mediation on the basis of clear facts.

Article 97 A people's court may preside over mediation by a single judge or a collegial panel, and mediation 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.

Article 98 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.

Second, the procedure of pre-trial mediation.

1, mediation begins

The people's court shall mediate in civil cases that can be settled through mediation. However, the people's court will not mediate in cases where special procedures, supervision procedures, public notice procedures, bankruptcy and debt repayment procedures are applicable, marriage and identity confirmation cases, and other civil cases that cannot be mediated according to the nature of the cases.

2. The mediation of the mediation court is conducted under the auspices of the judge.

Mediation can be presided over by the collegial panel or by the judges in the collegial panel; Mediation can be conducted in the court or at the place where the parties are located.

3. Mediation agreements are usually formed on the basis of mediation schemes.

In principle, the mediation scheme should be put forward by both parties themselves, and both parties can put forward the mediation scheme.

In any of the following circumstances, the people's court shall not confirm it:

(1) Infringe on national interests and social interests;

(2) Infringing the interests of outsiders;

(3) against the true meaning of the parties;

(4) Violating the prohibitive provisions of laws and administrative regulations.

4. Mediation ends because the parties refuse to continue mediation or both parties reach an agreement.

If no mediation agreement is reached and the parties refuse to continue mediation, the people's court shall continue the trial and make a judgment in time; If an agreement is reached through mediation, both parties shall be required to sign the mediation agreement and decide whether to make a mediation document according to the situation.

How to inform mediation before being told? 3. Do you still mediate after the pre-litigation mediation is not filed?

If both parties wish, mediation can be conducted after the case is filed.

There are two ways of pre-litigation mediation: one is judge mediation, and a mediation judge is set up in the filing court to preside over pre-litigation mediation. The other is moderate social mediation. On the premise of obtaining the consent of the parties, the mediation judge entrusts relevant grassroots mediation organizations to mediate according to law, giving full play to the advantages of people's mediation work, reducing litigation costs for the parties and reducing the burden for the court.

In the current trial practice, pre-litigation mediation mainly includes two situations: one is that it does not have the nature of trial, that is, it is mediated by the people's mediation studio set up in the court filing room; One is the nature of trial, that is, the mediation by the judge of the filing court or the mediation between the judge and the people's jurors and people's mediators.

The above contents are related answers. Usually, when we mediate, we can mediate before litigation or during litigation. As long as both parties are willing, they can mediate, but whether mediation can be successful needs to be determined according to the actual situation.