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What should I do if I receive a pre-litigation mediation message?
Mediation refers to an activity in which a neutral third party mediates and persuades the parties, helps to exchange opinions, proposes solutions and helps both parties to resolve conflicts.
In China, there are four main forms of mediation: litigation mediation (mediation by the court in the process of litigation), administrative mediation (mediation by administrative organs in the process of law enforcement), arbitration mediation (mediation by arbitration organs in the process of arbitration) and people's mediation (mediation by mass organizations, namely people's mediation committees).
In China, there are many kinds of mediation. According to different mediation subjects, there are people's mediation, court mediation, administrative mediation, arbitration mediation and lawyer mediation. People's mediation is mediation conducted under the auspices of the People's Mediation Committee; Court mediation is conducted under the auspices of the people's court; Administrative mediation is mediation conducted under the auspices of the grassroots people's government or state administrative organs; Arbitration mediation is a mediation conducted under the auspices of an arbitration institution. Among them, court mediation belongs to litigation mediation, and other mediation belongs to non-litigation mediation.
Mediation has a long history in China. The reason is:
1. China has a long history of feudal society and lacks written civil law as the basis for trial;
2. China's traditional culture and morality advocate that peace is the most important thing, and concession is the best. Therefore, in the event of civil rights disputes, both parties are used to inviting the elderly, fellow villagers and elders of the same clan to mediate and verify.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 84 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt, sign or seal on the receipt. The date of receipt by the addressee on the service receipt shall be the date of service. Article 85 Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.
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