Details are as follows:
1, mediation also has the credit of lawyers, and lawyers have spent a lot of time and energy in the process of preparing for responding to the lawsuit, and the labor results should be respected;
2. If you want to return it, you can only return a part. When both parties sign a contract, they need to perform it according to the contract. If one party breaches the contract, the other party may be liable for breach of contract.
3. According to the law, if one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
"Litigation" or "litigation" is called litigation when it is expressed in legal terms and language. Of course, this only refers to the part where the lawsuit goes to the judicial organ, and the lawsuit to other organs or a leader cannot be called litigation. Today's lawsuit or lawsuit refers to all activities carried out by public security organs (including state security organs, the same below), people's procuratorates, people's courts, parties and other relevant personnel in accordance with the law to solve the criminal responsibility of the defendant or resolve disputes over rights and obligations, and clarify the relationship between rights and obligations.
There are some elements in the composition of litigation: first, the court must participate. The court is the judicial organ of the country and exercises judicial power. Disputes decided by organs, organizations or individuals outside the court are not litigation and have no legal effect. Usually without the participation of the court, it does not constitute a lawsuit. Although some criminal cases don't go to court, they all end up in the procuratorate. This situation is not a complete litigation process, but an early termination of litigation when certain conditions are met. Second, there must be both prosecution and defense. It is impossible for the court to file a case for trial only when there is a complaint from the parties without the defendant, or only when there is a defendant without the defendant, so it does not constitute a lawsuit. Third, there must be problems that need to be solved through litigation. This is legally called litigation request, that is, the request made by the plaintiff when suing. For example, when a procuratorial organ brings a public prosecution, it must make a request to the court for conviction and sentencing of the defendant. In civil cases, the plaintiff will also make a request to the court to order the defendant to return the property or compensate for the losses. Without the right of claim, the lawsuit cannot be constituted and has no practical significance.
Legal basis:
"Measures for the Administration of Lawyers' Service Fees" Article 9 The fees for lawyers' services subject to market-regulated prices shall be determined by the law firm through consultation with the clients. The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 17 After signing a contract with a client, a law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.
Article 18 When a law firm collects lawyer service fees from clients, it shall issue legal bills.
Article 19 The lawyer's fees, arbitration fees, appraisal fees, notarization fees and file retrieval fees paid by a law firm on behalf of the client in the process of providing legal services are not lawyer's service fees, and should be paid separately by the client.
Article 20 If a law firm needs to receive travel expenses in advance for handling cases in different places, it shall provide the client with an estimated fee and sign it after both parties reach an agreement through consultation. If it is really necessary to change the cost estimate, the law firm must obtain the written consent of the client in advance.
Article 21 When a law firm settles the fees related to Articles 18 and 19, it shall provide the client with a list of fees charged on its behalf, travel expenses for handling cases in different places and valid vouchers. The customer may not pay the part that cannot provide valid vouchers.