mediation in court
indirect
It is also called mediation in litigation. Including mediation activities, mediation principles, mediation procedures, mediation books and 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. Litigation mediation is a lawsuit between the people's court and the parties, and its mediation agreement will take legal effect once it is confirmed by the court. The Civil Procedure Law of People's Republic of China (PRC) stipulates that the people's courts should follow the principles of finding out the facts, distinguishing right from wrong, voluntariness and legality when trying civil cases. If mediation fails, they should make a judgment in time. Court mediation can be initiated by the parties or by the people's court. When mediating a case, the parties shall appear in court; If a party fails to appear in court, he may entrust a specially authorized agent to attend the consultation. Mediation can be presided over by a single judge or a collegial panel, and as far as possible on the spot. Except for special reasons stipulated by law, mediation should generally be conducted in public. In court mediation, the invited units and individuals shall assist the people's court in mediation. Under the auspices of the judge, both parties reached a mediation agreement through voluntary negotiation. If the content of the agreement complies with the law, it shall be recognized. If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall clearly state the litigation request, the facts of the case and the result of conciliation, and shall be signed by the judges and court clerks, stamped with the seal of the people's court, and become legally effective after being served on both parties for signature. If an agreement is reached through mediation in the following cases, the people's court may not make a conciliation statement: ① Mediation and settlement of divorce cases. (2) Mediation and maintenance of adoption cases. (3) Cases in which obligations can be performed immediately. (four) other cases that do not need to make a conciliation statement.
People's mediation
People's mediation is also called mediation outside litigation. Refers to the mediation activities conducted under the auspices of the people's mediation committee. The People's Mediation Committee is a mass autonomous organization for villagers' committees and residents' committees to mediate civil disputes, and it works under the guidance of grassroots people's governments and grassroots people's courts. The principles that people's mediation should follow are as follows: 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. That is, mediation outside litigation, also known as mass mediation or people's mediation. /kloc-At the end of 0/8, Nordic countries have established mediation organizations. 1797 Norway divides the whole country into several mediation areas, and each area has a mediation Committee, and the mediation members are elected by the people as prestigious people. By the19th century, the United States, Japan and other countries have also established mass mediation systems.
Because the People's Mediation Committee is a mass organization, its members are rooted in the masses, and they know the root causes of civil disputes and minor criminal cases among the masses, so the Mediation Committee has a great dynamic role, flexible way and easy operation. Its outstanding feature is that it can solve disputes at the grassroots level, and it can also play a role in publicizing the legal system, preventing disputes and preventing contradictions from expanding, so it is welcomed by the people. Because people's mediation has strong vitality, it plays an important role in mediating civil disputes, correctly solving contradictions among the people, strengthening harmony and unity among the people, maintaining social order and promoting the construction of socialist spiritual civilization. Therefore, Chapter 1 of Part 65438 of People's Republic of China (PRC) Civil Procedure Law (Trial) clearly stipulates Article 14. In addition, the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the people's court can also mediate criminal cases of private prosecution, and the private prosecutor can reach a settlement with the defendant or withdraw the private prosecution before the judgment is announced.
Arbitration and mediation
China's "Economic Contract Law" stipulates that when domestic enterprises sign an economic contract, if there is a dispute between the two parties, they can apply to the contract management authority for arbitration. The arbitration institution shall conduct mediation first. If mediation fails, arbitration shall be conducted. In the practice of foreign-related civil and commercial arbitration, most cases can be settled through mediation, which is not only welcomed by Chinese and foreign parties, but also paid attention to by the international arbitration community (see arbitration). 1982 The Civil Procedure Law of People's Republic of China (PRC) (for Trial Implementation) was promulgated in March, which summarized the experience of arbitration and mediation for more than 40 years, listed mediation as one of the basic principles, and proposed that divorce should be mediated. The important feature of arbitration mediation in China is that it has a wide range of mediation and is not limited by litigation cases or litigation amount. As long as both parties agree or have the hope and possibility of mediation, mediation can be conducted in accordance with mediation procedures. At the same time, the mediation procedure runs through all stages of civil litigation, which can be conducted not only before arbitration, but also at all stages of arbitration. Arbitration and mediation do not mean that they are both conducted in one arbitration institution. To mediate a civil case, the arbitrator has to do a lot of hard and meticulous ideological work for both parties, and sometimes he needs to leave the arbitration institution to the place where the parties are located, rely on the masses, rely on trusted relatives and friends of the parties to persuade and guide, and convince the parties to reach a mediation agreement. Therefore, paying attention to mediation and handling cases on the spot naturally become another feature of arbitration mediation in China.
Administrative mediation
Administrative mediation is a method for state administrative organs to deal with administrative disputes. According to the law, the state administrative organ persuades and educates the administrative disputes within the jurisdiction of the state administrative organ patiently, so that the disputing parties can understand each other on the basis of equal consultation and reach an agreement, thus solving the disputes reasonably and thoroughly. Refers to the way of handling disputes under the auspices of relevant administrative organs in accordance with relevant laws, regulations, rules and policies. The agreement reached by administrative mediation is not binding.