Pre-litigation mediation is the people's court hearing civil cases, based on the principle of voluntariness of the parties and on the basis of clear facts. If mediation fails and the conditions for prosecution are met, the court shall file a case within seven days and notify the parties concerned. If the mediation fails and does not meet the conditions for prosecution, the court will also make a ruling within seven days and will not accept it.
What is the role of pre-litigation mediation lawyers?
1. Promote the settlement of cases. The lawyer's intervention will undoubtedly bring psychological pressure and urgency to the other party. One party hired a lawyer and spent money. If the negotiation fails, the next step will definitely face the problem of litigation.
2. Learn more about the case. Although lawyers have a certain understanding of the facts involved through their clients, there may be some even great deviations because the parties often state the facts to lawyers from their own perspectives, such as the reasons for the breakdown of feelings and the attribution of responsibilities that lead to conflicts between husband and wife. Therefore, lawyers' understanding of the case should be said to be incomplete or not necessarily objective and true.
3. Find out the disputes and gaps between the two sides. When one party proposes a divorce, it is natural that a preliminary divorce plan has been planned before it is proposed. When I find a lawyer, I will naturally inform him of my requirements and purpose. For example, I have put forward my initial intention on the scheme of property division, the ownership of children's support and the commitment of support.
To sum up, although there is a prescribed time limit, in practice, the time for pre-litigation mediation may be extended, especially in courts with a large number of cases or under special circumstances.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 123
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.