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How to mediate civil disputes
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. Mediation by filing a case is an effective supplement to mediation before litigation, because the people's court intervened in mediation in advance 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 distinctive feature is that mediation is conducted between the two parties under the auspices of the court, and a mediation agreement is reached or transferred to the 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 court 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. Mediation in court is more likely to reach an agreement;
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.
Civil dispute prosecution procedure:
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party;
2. According to the principle of "who advocates who gives evidence", the court of first instance shall submit the following materials: the material of the plaintiff's subject qualification and the evidence to prove the plaintiff's claim;
3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted;
4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Do not meet the conditions for filing, ruled that it will not be accepted according to law;
5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance;
6. After the case is filed, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After the case is closed, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.
To sum up, mediation is a hard work to build an ideological and moral system, a social stability system, a democracy and rule of law system and an economic interest system, aiming at solving various contradictions and disputes. It is also the basic work to dredge interpersonal relationships, advocate the social fashion of honesty and friendship, build a harmonious society and maintain social stability.
Legal basis:
Article 96 of the Civil Procedure Law of People's Republic of China (PRC)
When trying a civil case, the people's court shall, on the basis of clear facts, distinguish right from wrong and conduct mediation on the basis of the principle of voluntary participation of the parties.
Article 97
Mediation by the people's court may be presided over by a 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.
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