Can pre-litigation mediation not be mediated?

Can pre-litigation mediation not be mediated?

As we all know, mediation before litigation is unnecessary. In fact, law is closely related to our daily life. In our life, many things can be better solved by law. Let's find out, can mediation before litigation not be mediated?

Can pre-litigation mediation not be mediated? 1 Can pre-litigation mediation be conducted without mediation?

1. I don't have to go after receiving the text message of pre-litigation mediation from the court.

Court mediation should be based on the principle of voluntary participation of the parties. If the parties are unwilling to mediate, they have the right not to mediate, so they will not go to court for mediation.

You can ask a lawyer to mediate on your behalf.

If you have given the lawyer special authorization (authorization to admit, give up, change your opinion, mediate on behalf of the client, etc.). ), lawyers can directly participate in mediation on behalf of the parties, and the parties themselves can not go. The mediation agreement signed by the attorney is legally binding on the parties.

Can the court refuse to ask for mediation before litigation?

The court may refuse to request pre-litigation mediation. Court mediation should be based on the principle of voluntary participation of the parties. If the parties are unwilling to mediate, they have the right not to go to court for mediation. Even if there is no pre-trial mediation, mediation can be conducted during the trial. If the mediation is successful, the mediator will summarize the mediation situation and the judge will issue a mediation book. If mediation fails, the mediator will refer the case to the presiding judge for trial.

Relevant laws and regulations

People's Republic of China (PRC) Civil Procedure Law

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.

Article 94 Mediation by a people's court may be presided over by a single judge or a collegial panel, and it 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.

Article 97 If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement has legal effect after being signed by both parties.

Can pre-litigation mediation not be mediated? Does pre-litigation mediation require the presence of both parties?

Pre-litigation mediation requires the presence of both parties. As the parties to the dispute, both parties have the obligation to actively cooperate with the mediation organization and the court. If it is inconvenient to attend, an agent may be entrusted to attend.

Litigation mediation is a necessary link for the parties to participate in litigation activities. Mediation runs through the whole process of civil litigation. Mediation is conducive to resolving social contradictions and solving things.

Mediation of civil disputes should follow the principles of voluntariness, equality, non-violation of laws, regulations and national policies, and respect for the rights of the parties. Mediation should not prevent all parties from defending their rights through arbitration, administration and justice.

According to the types of cases, pre-litigation mediation is applicable to six types of disputes, such as motor vehicle traffic accident liability disputes, property service contract disputes, recovery of property fees and heating fees, heating contract disputes, marriage and family disputes and inheritance disputes, including marriage and family disputes, inheritance, maintenance and other disputes, sales contract disputes with litigation subject matter less than 654.38+10,000 yuan, and disputes with litigation subject matter less than 654.38+10,000 yuan.

The time limit for pre-litigation mediation is 30 days.

If the mediation before litigation fails, but the facts are clear, the relationship between rights and obligations is clear, and the parties are uncontroversial, the court shall carry out the work of filing a case quickly.

Pre-litigation mediation usually takes several days to inform mediation.

Legal analysis: if the parties choose pre-litigation mediation, the court will arrange pre-litigation mediation, presided over by the mediator, which generally does not exceed 20 days. The pre-litigation mediation process is as follows: 1. Sue. If the parties choose pre-litigation mediation, the court will arrange pre-litigation mediation, and the mediator will preside over mediation, which generally does not exceed 20 days.

2. If the mediation is successful, if the parties do not file a lawsuit, the court will not file a case and return the prosecution materials. 3, the parties to the settlement and withdrawal, do not need to issue documents, the court case is handled according to the withdrawal of the parties.

4. The mediation organization issues a mediation agreement, and the court files the case in the way that the parties withdraw the lawsuit. 5. The court files a case and issues a civil conciliation statement.

Legal basis: Article 149 of the Civil Procedure Law of People's Republic of China (PRC), a case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. 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; If an extension is needed, it shall be reported to the people's court at a higher level for approval.

Can pre-litigation mediation not be mediated? 1. How long will the mediation be notified after the pre-litigation mediation is filed?

General court mediation can be conducted after the expiration of the defense period and before the judgment is made, and there is no specific time limit. If both parties agree, the court may conduct mediation before the expiration of the defense period. You can put forward your own mediation plan, and the court can also make it.

When the people's court holds a hearing, it will ask both parties whether they are willing to mediate. If both parties are willing, the court will preside over mediation. If one party is unwilling to mediate or mediation fails, the verdict will be pronounced on another day. Article 9 of the Civil Procedure Law stipulates that 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.

Second, the difference between pre-litigation mediation and filing mediation.

(A) the nature of mediation disputes is different.

Filing mediation is litigation mediation, and pre-litigation mediation is people's mediation.

(2) The objects of mediation are different.

The object of mediation is a civil case that has been accepted. The object of mediation before litigation is the contradiction and dispute that the parties bring a lawsuit to the people's court, but the people's court does not accept the case, but refers it to the "people's mediation studio" for mediation.

(3) The personnel presiding over mediation are different.

The mediation of filing a case is organized by the judge of the filing court of the people's court, and the mediation before litigation is presided over by the people's mediator arranged by the People's Mediation Studio.

(4) Mediation agreements have different effects.

If a mediation agreement is reached by filing a case for mediation, it will become legally effective after both parties sign the mediation agreement or press their fingerprints. If one party fails to perform consciously, the other party may apply to the people's court for compulsory execution; The mediation agreement reached by pre-litigation mediation has the legal nature of a civil contract. If one party fails to perform the contents of the mediation agreement, the other party may apply to the people's court to confirm the legal effect of the mediation agreement.

Pre-litigation mediation is not a case. But through the understanding of pre-litigation mediation, we can see that pre-litigation mediation has many advantages, which is also the reason why the court arranges pre-litigation mediation before the trial. If the parties to the lawsuit have reached an understanding in the pre-litigation mediation, there is no need to hold a court session at all.

3. Is pre-litigation mediation a case?

Only after the "indictment" and relevant evidential materials are submitted to the court, the court filing court receives these materials, examines them, and considers that they meet the conditions for filing, and gives you a Notice of Acceptance (or Filing) stamped with the official seal of the court. In addition, the legal fees should be paid within 7 days. Therefore, only those who have a "notice of acceptance (or filing)" are considered cases, and those without this information are not considered cases.