Materials to be submitted for pre-litigation mediation:
1. The plaintiff shall submit the original and copy of the complaint;
2 provide a list of evidence and the original and photocopy of the evidence;
3. The party concerned shall provide identification materials: if the party concerned is a natural person, the original and photocopy of the ID card shall be provided; If the party is a legal person or other organization, it shall provide a copy of the business license of the unit and the identity certificate of the legal representative (person in charge). If a party has an entrusted agent, it shall provide a special power of attorney and the original and photocopy of the identity card of the party and the entrusted agent. The special power of attorney shall specify the specific rights as follows: to admit, give up, change the claim, settle the case on behalf of others, accept mediation, apply for withdrawal of the case on behalf of others, and sign legal documents.
4. Fill in the confirmation of delivery address and provide the contact information (mailing address and telephone number) of the other party.
5. Other required litigation materials.
Pre-litigation mediation procedure
Prosecution-the parties choose pre-litigation mediation-the court arranges pre-litigation mediation-the mediator presides over mediation (no more than 20 days).
Mediation is successful-if the parties do not file a lawsuit, the court will not file a case and return the prosecution materials.
If the parties reach a settlement and withdraw the lawsuit, there is no need to produce documents, and the court will handle it in the way that the parties withdraw the lawsuit.
The mediation organization issues a mediation agreement, and the court files the case in the way that the parties withdraw the lawsuit.
The court filed a case and issued a civil conciliation statement.
Mediation is unsuccessful-file a lawsuit.
Second, the mediation mode of China's current civil pre-litigation mediation system
(A) the establishment of people's mediation studio model
That is, a people's mediation studio is set up in the court, and retired judges, prosecutors and other non-legal workers with mediation experience and professional knowledge participate in mediation. Cases that appeal to the court and conform to pre-litigation mediation shall be transferred to the people's mediation studio for mediation by the filing court. For successful mediation cases, both parties will reach a mediation agreement, and the mediation agreement reached by both parties can apply to the filing court for judicial agreement confirmation, giving the mediation agreement mandatory effect.
(B) Entrusting other organizations for mediation mode
Disputes involving specific fields and related industries may be referred to relevant mediation organizations for mediation with the consent of the parties. Cases involving labor disputes, doctor-patient disputes and traffic accident disputes can be handed over to labor and social security departments, (doctor-patient mediation committees) and other relevant mediation organizations for mediation, giving full play to their advantages of being familiar with professional knowledge, being close to the masses and having certain prestige, and realizing the settlement of disputes.
(C) the court judge's self-mediation model
For cases that appeal to the court and conform to the pre-litigation mediation, the pre-litigation mediation center of the court filing room shall coordinate and organize the pre-litigation mediation work. Pre-register the case first, and then hand it over to the judge in the corresponding court room for mediation according to the nature of the case. Cases that are unsuccessful in mediation are filed in time, and cases that are successful in mediation can be filed quickly and a mediation book can be issued in time to give full play to efficiency and fairness.
Third, the benefits of pre-litigation mediation
One is to save time. For simple cases, it usually takes three months for the court to apply summary procedure; If the case is complicated, it takes six months for the court to apply ordinary procedures; The trial time of complex and difficult cases may be longer. If one party refuses to accept the appeal after the judgment, the court of second instance will have to go through several months of trial. When you get the effective judgment of the court of second instance, you have to go through the compulsory execution procedure to finally achieve your litigation purpose. This long litigation process will cost you a lot of time and energy. However, mediation before litigation usually takes only about one month. If mediation is successful, it will undoubtedly greatly improve your efficiency in solving problems.
The second is to save money. After accepting each case, the court will charge the corresponding litigation fee according to the proportion of the litigation object. Pre-litigation mediation work is mostly public welfare, and no fees are charged. A few pre-litigation mediation work only charges no more than half of the legal fees.
The third is rapid implementation. After mediation and negotiation, the other party will generally perform the agreement automatically, eliminating the process of enforcement; If you are worried that the other party will not perform the agreement, you can apply to the people's court for judicial confirmation of the mediation agreement and enforce it to ensure that the agreement can be implemented.
Fourth, human feelings are still there. After the lawsuit, you may turn against each other completely. You lost a friend, a client and even a relative. But after mediation and negotiation to solve the problem, your friendship with the other party is still there, friendship is still there, and family ties are still there.
The above knowledge is Bian Xiao's answer to the question of "pre-litigation mediation procedure". If the parties bring a lawsuit to the court, and the court thinks that it can be settled through reconciliation, mediation will be arranged before filing the case. If both parties agree to mediation, the mediation time shall be arranged. Readers who need legal help are welcome to seek legal advice.