After the court hears a case, if the parties agree to mediation, the court will arrange for a judge to mediate, sign a mediation book if an agreement is reached, and make a judgment in time if no agreement is reached. When trying a civil case, the people's court shall, on the basis of clear facts, distinguish right from wrong and conduct mediation on the basis of the principle of voluntary participation of the parties. An agreement reached through mediation must be voluntary by both parties and cannot be forced. The contents of the mediation agreement shall not violate the law. If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement has legal effect after being signed by both parties. Before the conciliation statement is served, if the conciliation fails to reach an agreement or one party reneges, the people's court shall make a timely judgment.
Who will bear the legal costs of out-of-court settlement?
The attorney's fee for out-of-court settlement is generally borne by the client. If the lawsuit needs to be borne by the other party, both parties can also negotiate.
Lawyer fees should consider the following main factors:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Fees for lawyers vary from place to place, and shall be formulated by the local price department in conjunction with the judicial administrative department at the same level;
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 93 In trying civil cases, the people's courts should distinguish right from wrong and mediate on the basis of clear facts.
Article 96 To reach an agreement through mediation, both parties must be voluntary, and no coercion is allowed. The contents of the mediation agreement shall not violate the law.
Article 97 If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation.
The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties.
The conciliation statement has legal effect after being signed by both parties.
Article 99 Before the conciliation statement is served, if the conciliation fails to reach an agreement or one party reneges, the people's court shall make a judgment in time.