Types of mediation

There are four main types of mediation:

1, litigation mediation (court mediation during litigation);

2. Administrative mediation (administrative mediation in law enforcement);

3. Arbitration and mediation (mediation by the arbitration organ during the arbitration process);

4, people's mediation (mass organizations, namely the people's mediation committee mediation). According to different mediation subjects, there are people's mediation, court mediation, administrative mediation, arbitration mediation and lawyer mediation. 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.

Court mediation, also known as litigation mediation, is the mediation of civil cases, economic disputes and minor criminal cases accepted by the people's courts, and it is also the mediation in litigation. For marriage cases, litigation mediation is a necessary procedure. As for mediation in other civil cases, it depends on the wishes of the parties, and mediation is not a necessary procedure. The court conciliation statement has the same effect as the judgment.

Court mediation includes mediation activities, mediation principles, mediation procedures, mediation books and the effectiveness of mediation agreements. It is a system in which the parties resolve disputes, terminate lawsuits, safeguard their legitimate rights and interests, and conclude civil cases and economic disputes through consultation.

The people's mediation work shall follow the following principles:

① Mediation must strictly abide by national laws and policies.

(2) Mediation must be conducted on the premise of voluntariness and equality.

③ Mediation must be conducted on the basis of finding out the facts and distinguishing right from wrong.

(4) A party shall not be prevented from bringing a suit in a people's court because mediation has not been conducted or mediation has failed. The agreement reached through mediation has no legal effect.

Legal basis: China People's Voting and China People's Voting Solution.

Article 2 The people's mediation mentioned in this Law refers to the activities of the people's mediation committee to persuade the parties to reach a mediation agreement voluntarily on the basis of equal consultation, so as to solve civil disputes.