I. Mediation application and acceptance
In cases of minor injuries, both parties or one party may apply to the court for mediation. After receiving the application, the court will conduct a review to confirm whether the case meets the mediation conditions and decide whether to accept the mediation application.
Second, the mediation preparation
After the court accepts the application for mediation, it will appoint a mediator to be responsible for mediation. The mediator will inform both parties to attend the mediation meeting, and inform the time, place and matters needing attention of mediation. Both parties may also entrust lawyers or other agents to participate in mediation.
Third, the mediation meeting.
At the mediation meeting, the mediator will listen to the statements and opinions of both parties and understand the facts of the case and the focus of the dispute. Then, the mediator will guide the parties to negotiate and propose a mediation plan. The mediation plan should fully consider the legitimate rights and interests of both parties to ensure fairness and reasonableness.
Fourth, reach an agreement.
If both parties can reach an agreement on the disputed matters at the mediation meeting, the mediator will assist both parties in drafting the mediation agreement. The mediation agreement shall specify the rights and obligations of both parties, including the amount of compensation and the time limit for performance. The mediation agreement shall have legal effect after being signed and confirmed by both parties.
Verb (abbreviation of verb) implementation and supervision
After the mediation agreement comes into effect, both parties shall perform their respective obligations according to the contents of the agreement. If one party fails to perform the agreement, the other party may apply to the court for enforcement. At the same time, the court will also supervise the implementation of the mediation agreement to ensure that the agreement is effectively implemented.
To sum up:
Mediation procedure before the second trial of minor injuries is an effective way to solve disputes. Mediation can shorten the period of handling cases, reduce the litigation burden of the parties and promote reconciliation between the two sides. At the same time, the mediation agreement has legal effect and can protect the legitimate rights and interests of the parties. However, mediation is not a compulsory procedure, and both parties have the right to choose whether to mediate. In the process of mediation, both parties should remain calm and rational, respect the mediation work of the mediator and actively cooperate with the conclusion and performance of the mediation agreement.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 206 provides that:
The people's court may mediate a case of private prosecution; Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in Item 3 of Article 204 of this Law.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 288 stipulates that:
In the following cases of public prosecution, the criminal suspect or defendant sincerely repents and obtains the understanding of the victim by means of compensation for losses, apology, etc. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.