Prosecution-the parties choose pre-litigation mediation-the court arranges pre-litigation mediation-the mediator presides over mediation (no more than 20 days).
Mediation is successful-if the parties do not file a lawsuit, the court will not file a case and return the prosecution materials.
If the parties reach a settlement and withdraw the lawsuit, there is no need to produce documents, and the court will handle it in the way that the parties withdraw the lawsuit.
The mediation organization issues a mediation agreement, and the court files the case in the way that the parties withdraw the lawsuit.
The court filed a case and issued a civil conciliation statement.
Mediation is unsuccessful-file a lawsuit.
2. If the court conducts pre-litigation mediation, the parties shall decide whether to entrust a lawyer. If a lawyer is entrusted, a power of attorney is required.
People's Republic of China (PRC) Civil Procedure Law
Article 58 A party or legal representative may entrust one or two persons as agents ad litem.
Data expansion:
Materials to be submitted for pre-litigation mediation:
The plaintiff shall submit the original and copy of the complaint;
Provide the list of evidence and the original and photocopy of the evidence;
Proof of identity provided by the party concerned: if the party concerned is a natural person, the original and photocopy of the identity card shall be provided; If the party is a legal person or other organization, it shall provide a copy of the business license of the unit and the identity certificate of the legal representative (person in charge). If a party has an entrusted agent, it shall provide a special power of attorney and the original and photocopy of the identity card of the party and the entrusted agent. The special power of attorney shall specify the specific rights as follows: to admit, give up, change the claim, settle the case on behalf of others, accept mediation, apply for withdrawal of the case on behalf of others, and sign legal documents.
Fill in the confirmation of delivery address and provide the contact information (mailing address and telephone number) of the other party.