1. How long does court mediation take?
Generally, mediation will be conducted within seven days after the case is accepted. If no consensus is reached during the mediation, the case will be filed immediately.
Regulations of the Supreme People's Court on Several Issues Concerning Civil Mediation in People's Courts
Article 6
Before the expiration of the defense period, the People's Court shall conduct mediation. If a mediation agreement is not reached within 15 days from the date the parties agree to mediation for ordinary procedure cases and within 7 days from the date the parties agree to mediation for simplified procedure cases, mediation can be continued with the consent of the parties. The extended mediation period shall not be included in the trial period.
Article 7 If the parties apply for private mediation, the People's Court shall grant it.
During mediation, the parties shall be present at the same time, and the parties may be mediated separately as necessary.
Second, can the court mediate after the hearing?
This can be mediated after court, just like ordinary mediation.
Article 97 of the "Civil Procedure Law" stipulates that a mediation letter becomes legally effective after being signed by both parties, and its effect is the same as a judgment.
After the mediation agreement or mediation letter takes effect, it has the same legal effect as the effective judgment, which is reflected in the following aspects:
1. After the litigation is concluded, the parties shall not use the same facts and grounds for prosecution again.
2. After the mediation agreement or the first-instance mediation agreement takes effect, the parties may not appeal.
3. Disputes over the legal relationships disputed by the parties in the litigation should be eliminated, and the substantive rights and obligations between the parties should be determined based on the content of the mediation agreement.
4. A mediation letter with payment content is enforceable. When the party obliged to perform the mediation letter fails to perform its obligations in accordance with the mediation letter, the obligee may apply to the People's Court for compulsory execution based on the mediation letter.
3. Are court mediation documents as valid as court judgments?
A mediation letter has the same legal effect as a legally effective judgment, which is determined by the nature of mediation by the People's Court. Litigation mediation is conducted under the auspices of the people's court collegial panel or a judge. It is the result of the people's court exercising its judicial power. It is also a way for the people's court to resolve disputes and conclude cases. Mediation and effective judgment have the same legal effect, which can ensure the seriousness of the law and the authority of the judicial organs, help stabilize the social legal order, and safeguard the legitimate rights and interests of the parties.
In addition to pre-trial mediation, the court can also apply for court mediation after court, which is also allowed by law. The legal effect of the court mediation letter and the court judgment are the same, and they need to be executed in accordance with the mediation letter or the court judgment.