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How often will the court contact the other party after appointing a mediator?
Some courts also directly send text messages or notify the court of mediation in writing.
The time limit for court mediation is less than two months, and the mediation ends after two months.
After the materials are submitted to the court, they will be mediated by appeal. The court will also arrange a mediator. The mediator is a person with rich social experience hired by the court, which is convenient for easy-going communication. Within two months, it is a mediation period for divorce cases.
The mediator will contact the plaintiff and the defendant according to the order of the cases, and appoint a time to come to the court to talk and mediate. Now you have received a phone call from the court, as you did when you first walked into the court.
But now many courts have set up litigation mediation centers separately, which are not together with the officially opened courts. So when you mediate, you may enter a mediation room. The mediation room is relatively small, which is not the same as the regular court, but the basic pattern is the same.
Many people are entering the court for the first time and don't know what to say. Don't worry, your lawyer will give it to you. To put it simply, the mediator wants to know the process of your husband and wife's love and marriage, as well as the causes and intensification of the contradictions between husband and wife, as well as their respective means and opinions, to see if one party is unreasonable, or has excessive demands, or has an affair, derailment and other wrong behaviors, gambling habits, etc. And see if the contradiction between husband and wife can be reconciled after objective persuasion.
If you can persuade the couple to contradict each other, then you don't have to divorce, and you can drop the case and go back to live a good life. On the other hand, if the contradiction is irreconcilable and both spouses insist on their own views, then the mediator has no choice but to submit the case to the next formal trial. Husband and wife go home separately and wait for further written notice from the court.
First, is mediation necessary? Generally speaking, any husband and wife who file divorce proceedings with the court should mediate first. If the mediation is successful, a conciliation statement shall be made. If the conditions are unsuccessful, it will be transferred to the formal filing and trial procedures. China's Marriage Law stipulates that the people's court shall conduct mediation in the trial of cases. So this is the legal basis for pre-litigation mediation.
Who will preside over the second mediation? Generally speaking, pre-litigation mediation is conducted by people in the court litigation mediation center. They will be equipped with a mediator and a clerk. The clerk is the court, the mediator is not the court staff, and the mediator is hired by the court and has rich experience from the society. Mediation shall be presided over by the mediator, and the clerk shall be responsible for recording. If they encounter some legal problems in the process of mediation, they will consult the guidance judge.
Third, what is the content of mediation? The content of mediation, the answer is the content of your lawsuit, for example, do you want to divorce? Mediators will not tell you too much about the law, but work from social common sense, life experience, ethics and so on. Unlike senior judges, they will only tell you the legal provisions. They will be amiable and approachable, and they will be convinced by virtue. At the same time, they will criticize the wrong party and comfort the victims according to their own social experience. This is a fair and reasonable conclusion. Some cases can be successfully mediated, and cases represented by lawyers in Zhong Tao are often resolved through mediation. However, most mediation is useless. Since the husband and wife went to court, they must have negotiated it long ago, and they talked about it before they confessed. They all went to a lawyer to file a lawsuit. Basically, many problems cannot be solved, and even there are huge contradictions. Some couples have reached this point. In fact, it is full of distrust of each other. No matter what the other person says, no matter how beautiful and useful, you don't believe it. You are full of distrust, and the husband and wife have lost the most basic trust. At this time, you must use external forces to solve the pain.
Fourth, how long is the mediation period? Generally speaking, it is about 30 days, which can be extended. If it is 60 days or 90 days, both parties need to apply in writing, or the court will make a record, which will be signed by both parties for confirmation. One is that it takes a long time from submitting materials to arranging mediation, and I don't know when mediation can be arranged for a long time. A little longer may be that the mediation is unsuccessful and has not been transferred to formal court proceedings. In general, it takes about one month from your materials to the mediator's arrangement of mediation. If the mediation is completed, it will take at least one month. Of course, there are cases transferred from the litigation mediation center to the filing center, which may take a long time or a short time. If there is a holiday in the middle, it will definitely be extended. For example, in May 20 19, the divorce indictment was submitted to 7.
Fifth, mediation must adhere to the principle of voluntariness, that is, the court cannot force both parties, but must accept the result. The court can only move with emotion and reason, and try to make both sides meet each other halfway. If one party insists on not giving in, the mediation work cannot continue.
In fact, mediation procedure is a characteristic system in China. In our country, it is generally believed that going to court is a very shameful thing. Whether it is reasonable or beautiful, they will not go to court unless they have to. If they can adjust, they don't want to hurt their feelings If the court decides that everyone is torn apart, mediation is necessary in this case, but you should pay attention to the reality. They can't adjust for a long time, and some cases are wasted in the mediation stage.
How does the court sue for divorce? What is the divorce process in the Civil Code? What physical evidence do you need for divorce proceedings?
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