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Civil litigation mediation system, also known as court mediation, refers to the litigation activities in which the parties voluntarily negotiate and reach an agreement on disputed civil rights and obligations under the auspices of the court judge according to the relevant provisions of the Civil Procedure Law.
Court mediation includes two meanings:
First, it refers to the activities of the judicial personnel of the people's court to educate the parties in the process of handling cases;
Second, it refers to a way that judges of the people's courts preside over and guide the parties to resolve disputes through equal consultation, reach an agreement and end the lawsuit. The court mediation system is based on the disposition right of the parties, which is the product of the combination of the disposition right of the parties and the exercise of jurisdiction by the court.
Court mediation should follow the following three principles: voluntariness, finding out the facts, distinguishing right from wrong and legality. Voluntary principle. Article 88 of the Civil Procedure Law stipulates: "To reach an agreement through mediation, both parties must be voluntary and not forced." The principle of voluntary parties should include procedural voluntary and substantive voluntary. The former means that the parties take the initiative to apply to the people's court for mediation to resolve disputes, or agree to the people's court to mediate and resolve disputes for them. The latter refers to the agreement reached by the parties through mediation by the people's court, which must be the result of mutual understanding and mutual accommodation and voluntary consultation. These three principles play a guiding role in the court's mediation activities, but they are not in the same important position, and the voluntary principle is the core. "Civil Procedure Law" clearly stipulates that "an agreement is reached through mediation, and both parties must be voluntary and not forced", that is, voluntary in the procedural sense and voluntary in the substantive sense. Judging from the trial practice, there are basically two situations in which the rights and obligations of the parties must have been realized in the agreement reached through court mediation; Second, one party gives up or reduces part of the litigation request, or the other party makes some concessions on substantive rights, but in either case, it must be the result of both parties' voluntary, the expression of the parties' true meaning, not the result of the judge's coercion. The principle of clear facts and distinguishing right from wrong is the basis and basis of mediation. Only when the facts of the case are clear can we distinguish right from wrong, clarify the responsibilities of the parties, reasonably persuade and educate the parties, correctly implement policies and laws in combination with the case, and ensure the quality of the case. The principle of legality is the guarantee of mediation.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 88 of the Civil Procedure Law
An agreement reached through mediation must be voluntary by both parties and cannot be forced.