Method of dispute settlement

Mediation means the form used by people's courts to mediate civil disputes and commercial disputes. In view of the difficulty and different situations of the case, in practice, the people's courts generally adopt the following methods for mediation. Before the lawsuit, the people's court used the "court police sent to the grassroots" activity carried out in recent years and combined with the established polling network to mediate, so as to resolve the dispute at the grassroots level and digest it in the initial state. 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. 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. 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. 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 courts can, under the leadership of the Party committee and the government, establish a public opinion survey network with the cooperation of 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 patrol cases and police officers. 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. 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. To sum up, there are generally seven ways to mediate civil disputes. As a method to solve civil disputes, civil dispute mediation has played a very good role in daily disputes.

Characteristics of civil disputes

Compared with other types of cases, civil disputes have their own characteristics. I believe that the characteristics of civil disputes mainly include the following aspects:

First, from the legal point of view, the subjects involved in civil disputes have equal legal status. This is the equal feature of the subjects of civil disputes, and this equal status will continue in the process of handling civil disputes.

Second, in civil disputes, the content of civil subject disputes is the relationship between civil rights and obligations. In this relationship, one subject enjoys rights, and the other subject has obligations that should be fulfilled. The specific content of the dispute is that the person who enjoys the power should restore the rights and make the other party perform its obligations.

Third, as for the content of civil disputes, the subjects in civil disputes can negotiate freely. This is mainly determined by the legal equality and content characteristics of the subjects of civil disputes.

Fourth, civil disputes have diversified solutions. This feature of civil disputes is different from administrative disputes and criminal disputes. Administrative disputes and criminal disputes are resolved by the people's courts according to law, while civil disputes are different. They can be solved through various forms and channels, mainly individuals, units, society and countries, and which way to choose mainly depends on the subject of the dispute.

Legal basis: Article 8 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that parties in civil litigation enjoy equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.

Article 9 In trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality. If mediation fails, a judgment shall be made in time.