The People's Mediation Committee mediates civil disputes without charging any fees. According to Article 4 of China People's Opinion Poll Solution, people's mediation committees mediate civil disputes free of charge.
What is people's mediation?
People's mediation is a kind of mediation outside litigation. It refers to the activities of mediating and persuading the parties to civil disputes under the auspices of the people's mediation committee in accordance with national laws, regulations, rules and social ethics, so as to promote mutual understanding, equal consultation, voluntary agreement and dispute resolution.
Commonly used mediation methods include: independent mediation, synchronous mediation, direct mediation, indirect mediation, public mediation, private mediation and joint mediation.
What are the requirements for applying for people's mediation?
1, with a clear counterpart. The party who accepts the application must explain with whom the dispute occurred and who violated his rights and interests.
2. Requests with a specific purpose. The applicant must explain the purpose of requesting mediation and what problems have been solved.
3. There must be basic factual basis and reasons. The applicant must present the basic facts of the dispute and the corresponding evidence and reasons.
4. Disputes are under the jurisdiction of the Director General and the CSRC. That is, it conforms to the scope of acceptance of civil disputes and belongs to the jurisdiction of the Committee.
How do the parties apply for people's mediation?
The parties to a dispute seek mediation from the People's Mediation Committee, that is, the parties take the initiative to apply for mediation. When applying for mediation, the parties may apply orally or in writing. Unless the parties take the initiative to apply, the people's mediators will take the initiative to mediate in time after discovering the dispute.
Which dispute people's mediation committees do not accept?
1, laws and regulations stipulate that it can only be handled by specialized agencies, or laws and regulations prohibit the use of folk mediation;
2, the people's court, public security organs or other administrative organs have accepted or resolved.
What rights do the parties enjoy in people's mediation?
1, decide to accept, reject or terminate the mediation independently;
2. Ask relevant mediators to withdraw;
3. Express true wishes, make reasonable demands, and do not force them;
4. To reach a mediation agreement voluntarily.
What is the mediation procedure?
1, accept disputes, implement a unified filing and reporting system, and undertake them uniformly;
2. Conduct necessary investigations, collect relevant evidence, find out the facts of disputes, and draw up an implementation plan for mediation of disputes;
3, presided over the mediation, making a written mediation agreement, signed by the parties and the undertaker, and stamped with the seal of the people's mediation committee;
4, for long-standing disputes, timely report to the people's mediation work leading group, to avoid the intensification of disputes;
5. Mediation ends in two situations: First, mediation ends with an agreement. Second, there is no mediation agreement. After reaching an agreement through mediation, the People's Mediation Committee has the responsibility to help, inspect, urge and educate both parties to consciously perform the agreement. If no mediation agreement is reached to prevent the dispute from intensifying, the parties to the dispute shall be informed to enter other settlement procedures (such as appeal, arbitration and litigation).
Does the people's mediation agreement have legal effect?
According to "Several Provisions of the Supreme People's Court on the Trial of Civil Cases Involving People's Mediation Agreements", a mediation agreement with civil rights and obligations, which is reached by the People's Mediation Committee and signed or sealed by both parties, has the nature of a civil contract, and the parties shall perform their obligations according to the agreement, and shall not change or terminate the mediation agreement without authorization.
Under normal circumstances, after a mediation agreement is reached through mediation by the People's Mediation Committee, if a party repents, he may bring a lawsuit to the court again. However, if the mediation agreement is confirmed to be valid by the court, the parties can no longer bring a lawsuit to the court on the original dispute.
According to Article 4 of China People's Opinion Poll Solution, people's mediation committees mediate civil disputes free of charge. If in doubt, please consult a lawyer.