If the case has been filed by the court, it will be settled out of court. If the plaintiff proposes to withdraw the case, the court will also charge half of the case acceptance fee.
The process of out-of-court settlement includes the following steps:
1. Accepting disputes: the court accepts disputes that the parties request mediation in a timely manner, and quickly finds out the causes and focus of the disputes;
2. Investigation and analysis: On the basis of investigation and analysis, the court determines the nature and merits of the dispute, completes the work of both parties, fully argues and patiently guides; 3. Remove obstacles and urge the parties to reach a mediation agreement;
4. Mediation: On the basis of the above work, the court urged the parties to reach a mediation agreement and make a mediation agreement;
5. Closing the case: the court informs the parties to sign the mediation book, and the trial of the case is over.
The conditions for out-of-court settlement are as follows:
1. Both parties need to negotiate and mediate before the court session;
2. Dispute resolution based on the will of the parties;
3. Whether mediation can be started depends on whether the parties agree to accept mediation.
Out-of-court settlement is mainly applicable to the following situations:
1, civil disputes: such as marriage and family, property disputes, etc. ;
2. Labor disputes: such as labor contract disputes and industrial injury compensation disputes;
3. Commercial disputes: such as breach of contract, fraud, infringement, etc. ;
4. Criminal cases: For minor criminal cases, if the parties have a penitent attitude and no longer endanger society, they can reach an out-of-court settlement.
To sum up, out-of-court settlement means that during or before the litigation, the plaintiff and the defendant voluntarily reach an agreement through consultation and mediation, and the litigation ends and is recognized by the court, that is, an agreement is reached privately, thus avoiding the continuation of the judicial process.
Legal basis:
"Provisions of the Supreme People's Court on Several Issues Concerning Civil Mediation Work of People's Courts" Article 1
According to the provisions of Article 95 of the Civil Procedure Law, the people's court may invite enterprises, institutions, social groups or other organizations that have a specific relationship with the parties or have a certain connection with this case, as well as individuals with special knowledge, specific social experience, and a specific relationship with the parties, which is conducive to mediation.
With the consent of the parties, the people's court may entrust the units or individuals specified in the preceding paragraph to mediate the case. After reaching a mediation agreement, the people's court shall confirm it according to law.