Court mediation and court judgment have their own advantages, and which way to choose depends on the specific circumstances of the case. Court mediation is a process in which the parties voluntarily negotiate to resolve disputes under the auspices of court judges. Its advantage is that it can quickly resolve disputes, reduce litigation costs, and contribute to the reconciliation of the relationship between the two parties. The court judgment is an authoritative judgment made by the court according to facts and laws. Its advantage is that it has legal effect and can clarify the rights and obligations of both parties. After the judgment of the first instance, if the parties are not satisfied, they can appeal and the court can mediate in the second instance. In criminal cases, although the victim and the defendant can mediate on the civil compensation part, they can't mediate on the sentencing part, and the court still needs to make a judgment.
Advantages of court mediation:
1, saving time: court mediation is usually faster than court decision, which can save both parties time and energy;
2. Reduce costs: During the mediation process, the lawyer's fees and legal fees of both parties may be reduced;
3. Privacy protection: the mediation agreement will not be as public as the judgment, which is conducive to protecting the privacy of both parties;
4. High flexibility: mediation allows both parties to negotiate and solve according to their own conditions, which is more flexible than court decisions;
5. Maintenance of relationship: Mediation is helpful for reconciliation between the two parties and has a positive effect on maintaining future cooperative or personal relationships.
To sum up, the choice of court mediation or court judgment should be decided according to the specific circumstances of the case. Court mediation can quickly resolve disputes, reduce litigation costs, and promote reconciliation between the two parties. The court judgment has legal effect and clarifies the rights and obligations of both parties. After the judgment of first instance, the parties may appeal or mediate. In criminal cases, civil compensation can be mediated, but the sentencing part still needs a court decision. Considering the nature of the case, the will of the parties and the possible effects, decide whether to mediate or make a judgment.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 9
When trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality; If mediation fails, a judgment shall be made in time.