Its specific practice has the following characteristics:
1, adhere to comprehensive mediation to expand the scope and strive to solve work problems.
Courts at all levels regard mediation as the first choice to resolve contradictions and disputes, and intensify mediation, coordination and reconciliation in the trial of civil, criminal private prosecution, minor criminal, criminal incidental civil litigation and administrative cases, so that as many different types of cases as possible can be solved harmoniously and give full play to the overall benefits of judicial mediation. One is to seize the main position. Take civil cases as the focus of mediation work, and carry out mediation work as far as possible for civil cases that may be resolved through mediation, except those that are not allowed by law; For marriage and family, neighboring rights, personal and property damage compensation and other cases that may lead to intensified contradictions, try to solve them by mediation. The second is to expand coverage. Combine the criminal policy of combining leniency with severity with mediation mechanism, strengthen the mediation of criminal incidental civil litigation, ensure that criminal victims and their relatives get compensation, and promote the reconciliation of parties in criminal private prosecution cases and other minor criminal cases. Nanping Intermediate People's Court took the opportunity of the revision of the criminal procedure law, attached importance to criminal reconciliation and mediation in criminal incidental civil proceedings, and improved relevant supporting mechanisms, which was widely praised. Actively carry out administrative case coordination, establish a benign interactive relationship between justice and administration, and properly resolve administrative disputes. Wuping court took the lead in promoting the establishment of county-level administrative case coordination committees in the province to coordinate and solve a large number of administrative disputes. Strengthen the implementation of reconciliation work and urge the parties to consciously fulfill their legal obligations. The third is to highlight pertinence. According to the similarity between the interests of cases and the focus of disputes, the types of cases are classified and sorted out, and the type mediation model is tried out in the same type of cases to achieve the effect of "mediating one case and driving one". For example, Zhangzhou Intermediate People's Court selects judges with high education, knowledge of Minnan dialect and familiarity with the customs of Taiwan Province Province in Taiwan-related cases, and promotes the professionalization of mediation in Taiwan-related cases.
2. Adhere to the whole process of mediation and strive to improve the quality and efficiency of work.
Mediation runs through different litigation stages, such as filing, pre-trial, appearing in court and pre-judgment, and is applicable to the whole process of first instance, second instance, retrial and execution, and strives to achieve "five stresses": focusing on filing mediation and pre-trial mediation. Fuqing court took advantage of contacting the parties at the first time and knowing the case at the first time, and attached a mediation proposal to the copy of the complaint, which was welcomed by the parties. Courts at all levels generally set up special mediation rooms in litigation service centers, and full-time judges and other personnel carry out mediation work in time. Pay attention to mediation in court and mediation before judgment. In the course of trial, mediation should be promoted on the basis of finding out the facts and distinguishing right from wrong. For cases that can be mediated, mediation should not be abandoned even before the judgment is issued. Attach importance to retrial mediation. To clarify the specific types of civil protest cases that should be mediated, provincial courts should strengthen communication and cooperation with procuratorial organs, standardize the procedures for prosecutors of the two laws to mediate civil protest cases, and enhance the effectiveness of mediation of retrial cases. Pay attention to the coordination of mediation and execution, and establish a mediation model of "trial and execution in one". If mediation can be performed immediately, try to urge the parties to perform it on the spot. If it cannot be performed immediately, flexible measures such as preservation and setting guarantee clauses shall be taken to continuously improve the automatic performance rate of mediation. Pay attention to the mediation of letters and visits, take mediation as an important means to resolve letters and visits, establish and improve the working mechanism of "handling complaints and relaxing visits", and realize interest-related letters and visits through mediation as much as possible.
3, adhere to the pattern of full mediation and expansion, and strive to gather work together.
Courts at all levels adhere to overall consideration, coordination and mutual cooperation, effectively integrate various mediation forces within the courts, generally establish a system in which presidents and presidents participate in mediation, and implement multi-level adjustment of presiding judges, collegiate benches, hospital leaders, court leaders and judicial committees, with a chess game. In all cases resolved through mediation, about 50% of the cases are mediated, directed and coordinated by the President. Major, sensitive, complicated and difficult cases shall be coordinated and guided by the president of the court; For cases in which the parties have serious emotional opposition, the collegial panel or the sole judge may request the president to participate in ideological counseling; For cases requiring the cooperation of relevant departments, the president and the president shall organize and coordinate the mediation work. Many courts have established a "joint mediation and linkage" mechanism, and the courts at higher and lower levels and the courts hearing related cases work together as a whole and work hand in hand. Longyan two-level courts actively tried to establish a full-time mediation team composed of retired judges who were rehired and carried out mediation work under the guidance of judges.