Mediation notice a few days before the lawsuit

Pre-litigation mediation 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 by the filing court; 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.

For example, divorce mediation can be divided into pre-litigation mediation and litigation mediation. The law does not stipulate the time limit for pre-litigation mediation, which generally takes one month in practice; The time for litigation mediation should be within the trial limit. The trial period of summary procedure is three months, and that of ordinary procedure is six months. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital.

Our country's law does not directly stipulate how long to conduct pre-trial mediation after prosecution, but it has specific provisions on the overall trial time of the case. Article 149 of the Civil Procedure Law stipulates that a case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case.

According to "People's Republic of China (PRC) Civil Procedure Law" and "Provisions of the Supreme People's Court on Several Issues Concerning Civil Mediation of People's Courts", according to the difficulty and different situations of the case, different mediation methods can be carried out, including pre-litigation mediation, case-filing conditions mediation, pre-trial mediation and letter mediation.

1, pre-litigation mediation. Pre-litigation mediation refers to the mediation conducted by the people's court before the start of litigation activities. Combined with the activities of "sending court police to the grassroots" carried out in recent years and the established polling network, disputes are resolved at the grassroots level and digested in the initial state.

2. file a case for mediation. 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.

3. Pre-trial mediation. 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.

4, letters (network, SMS) mediation. 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.

5. Socialized mediation. 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.

6. Court mediation. 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.

7. Submit to mediation. 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.

The ways of civil litigation mediation are:

1. Demonstration analysis is the basis of other mediation methods;

2. Direct statement method, in which the mediator directly explains the mediation opinions;

3. Empathy;

4. Fault analysis method;

5. Cold treatment method;

6. Home melting method

7. Use external force method.

According to Article 94 of the Civil Procedure Law, the people's court may conduct mediation, which may be presided over by a single judge or a collegial panel, and 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.

According to the provisions of Article 9 of the Civil Procedure Law, the people's court shall conduct mediation on the basis of voluntariness and legality when trying civil cases. If mediation fails, a judgment shall be made in time.