Relations and differences between mediation, arbitration and litigation

1. The relationship between mediation, arbitration and litigation is that, as a social and civil dispute resolution mechanism, they complement each other, coexist and prosper together, are independent and have their own relatively unique adjustment mechanisms. They are an important part of the civil dispute settlement mechanism system in modern society, and provide various ways and methods for members of society to freely choose to solve civil disputes.

2. The differences between mediation, arbitration and litigation are as follows:

1, different concepts.

Mediation is an activity in which a neutral third party mediates and persuades the parties, helps to exchange opinions, proposes solutions, and facilitates the parties to resolve conflicts.

Arbitration is a dispute settlement method in which both parties agree to submit the dispute to a third party (with recognized status), and the third party will judge the merits of the dispute and make a ruling;

Litigation refers to the activities of the national judicial organs, that is, the people's courts, in accordance with the law, with the participation of the parties and other participants in litigation, to solve litigation disputes according to law.

2, the particularity is different

Mediators can mediate disputes in a way that they think is beneficial for both parties to reach a settlement. This way includes but is not limited to: after the mediation procedure begins, the mediator can meet the parties and their agents separately or at the same time for mediation;

If the mediator meets with one party alone, he may notify the other party separately, unless the parties require otherwise; Mediators can mediate disputes face to face or back to back; In the process of mediation, the mediator may ask the parties to put forward written or oral suggestions or plans.

Arbitration is different from litigation and trial. It requires both parties to be voluntary, and it is also different from compulsory mediation. It is a special mediation and a voluntary arbitration, which is different from compulsory arbitration such as litigation.

In litigation, when there is an economic dispute between equal parties, the civil procedure law is applied to solve the dispute.

3. Different forms

There are four main forms of mediation: litigation mediation (mediation by the court in the process of litigation), administrative mediation (mediation by administrative organs in the process of law enforcement), arbitration mediation (mediation by arbitration organs in the process of arbitration) and people's mediation (mediation by mass organizations, that is, people's mediation committees).

People's mediation is mediation conducted under the auspices of the People's Mediation Committee; Court mediation is conducted under the auspices of the people's court; Administrative mediation is mediation conducted under the auspices of the grassroots people's government or state administrative organs;

Arbitration mediation is a mediation conducted under the auspices of an arbitration institution. Among them, court mediation belongs to litigation mediation, and other mediation belongs to non-litigation mediation.

Arbitration is generally a system in which the parties voluntarily submit their disputes to an arbitration tribunal composed of arbitrators from non-judicial institutions for arbitration according to the arbitration agreement concluded by both parties and are bound by arbitration. Arbitration activities, like court trial activities, are related to the substantive rights and interests of the parties and are one of the ways to solve civil disputes.

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