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How to sign for divorce mediation?
1. What is the process of signing for mediation?
After the mediation begins, the judge should listen carefully to the statements of the facts and reasons of the case, find out the facts, distinguish right from wrong, and clarify their respective responsibilities. Then, explain the relevant policies and laws to both parties in a targeted manner and guide them to negotiate on specific controversial issues. During the negotiation, the judge may put forward a proposal for both parties' reference, but he cannot force both parties to accept it. Both parties or one party may also propose a mediation plan. Mediation agreements are usually formed on the basis of mediation schemes. If the parties reach a mediation agreement, the court shall record the contents of the mediation agreement in the record and sign it by both parties or specially authorized litigation agents or legal representatives.
Two, how to serve the parties after the signing of the court mediation?
1, direct delivery; It refers to a way that public security and judicial organs directly serve litigation documents to the addressee.
2. Entrusted service; It refers to a way of service in which the public security and judicial organ that undertakes the case entrusts the public security and judicial organ where the recipient is located to serve the recipient on his behalf.
3. Delivery by post; It refers to a way that the public security and judicial organs send litigation documents to the recipients by registered mail through the post office.
The beginning of mediation: no matter what procedures and stages are applied, court mediation begins in two ways: one is from the application of the parties; Second, the court took the initiative to mediate according to its authority after obtaining the consent of the parties. The main task of the judge at this stage is to solicit the opinions of both parties whether they are willing to mediate, explain the benefits, requirements and specific practices of mediation, inform the relevant litigation rights and obligations, and notify the parties and witnesses to appear in court in a simple way to prepare for mediation.
Mediation termination: mediation termination includes two situations: first, it ends because the parties reach a mediation agreement; First, it ended because mediation failed and no mediation agreement was reached. If an agreement is reached through mediation, the people's court shall timely review the mediation agreement. The people's court shall recognize the agreement reached voluntarily by both parties if its contents do not violate the prohibitive provisions of the law. After the mediation agreement is established according to law, if a mediation agreement should be made, the people's court should make a mediation agreement and serve it on both parties for signature; For a mediation agreement that does not require a mediation document, the clerk shall indicate it in the record, and it shall be signed or sealed by both parties, judges and the clerk. Upon examination, if it is found that the contents of the mediation agreement violate the prohibitive provisions of the law or violate public order and good customs, the people's court shall not recognize them. If no agreement is reached through mediation or the mediation agreement is not recognized by the people's court, the people's court shall terminate the mediation procedure, resume the trial and make a judgment in time, but it shall not be delayed for a long time.
The court gives priority to mediation in the case. Mediation can be initiated by the application of the parties, or it can be initiated by the court ex officio after obtaining the consent of the parties. Mediation can be terminated because the parties reach a mediation agreement, or because the mediation fails or the mediation fails to reach an agreement, and the mediation can be served directly.
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