If you can't reach an agreement, talk to the mediation teacher as soon as possible and ask for help, so as to complete the process of mediation for many times and your case can really enter the filing procedure.
Is pluralistic mediation the court's?
The court has repeatedly mediated but refused to file a case. After the case is filed, it can be determined whether to try or mediate first. Pre-mediation and multi-mediation are not the same concept. Multi-mediation is one of the non-litigation dispute resolution mechanisms. Generally, before the court issues a notice of filing a case to the parties, it will issue a multi-mediation book. If mediation is accepted, it will be conducted by the court mediator. If the mediation is successful, no litigation means will be taken.
Legal basis: Article 103 of the Criminal Procedure Law.
The people's court may mediate in the trial of incidental civil litigation cases, or make a judgment or ruling according to the material losses.
Article 122 of the Civil Procedure Law stipulates the first mediation, which formally establishes the first mediation system as a civil litigation mechanism, provides a dispute resolution method instead of litigation for the parties, and is the perfection of the diversified dispute resolution mechanism. As far as its nature is concerned, prior mediation belongs to court-attached mediation.
In short, the first mediation is the designated mediation before filing a case. Mediation is presided over by someone outside the court, and the judge shall make judicial confirmation ex officio, unless the parties disagree.
As an official mediation activity, administrative mediation and court mediation have their main defects in the passivity of starting procedures and the limitation of accepting cases. As far as mediation results are concerned, lawyer mediation is more acceptable to both parties to the dispute.
The advantages of lawyer mediation just fit the core idea of Habermas' ideal dialogue situation;
First, people involved in mediation have equal status.
Second, people involved in mediation have the right to express their opinions freely.
Third, communication and discussion will not be affected by power or power relations. Only when the parties involved in mediation have a dialogue in an ideal dialogue situation and approve the mediation scheme can this scheme be regarded as a rational real scheme and the acceptability of the mediation agreement can be guaranteed. Mediation is a way to solve disputes independently chosen by the parties to the dispute, so the mediation agreement should be the result of consensus reached by both parties, and it is the true expression of the willingness and equality of both parties to dispose of their rights.
However, in some cases, administrative mediation and court mediation will have a sense of repression of public power, and invisible coercive means such as "examining rules" and "controlling rules with power" do exist. At this time, the mediation system has been shrouded in a strong utilitarian color.
The advantage of lawyer mediation lies in its strong participation and coordination. On the basis of being trusted, the lawyer, as the moderator of mediation, acts as a consultant to the parties to the dispute with a neutral attitude. The final mediation agreement is often made by the parties themselves, and the parties can experience a strong sense of participation and decision-making. Lawyers only use more professional legal knowledge to influence the balanced interests of all parties, and the whole process of lawyer mediation presents a joint force.