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Summary. 2) The scope of mediation is different. The scope of judicial mediation is all civil and criminal private prosecution cases before the courts. The scope of people's mediation is mainly limited to civil disputes.
3) The effect of the agreement reached by mediation is different. Once an agreement is reached, judicial mediation will have the same legal effect as the court judgment, and will be legally binding and coercive on both parties. Agreements reached through people's mediation are legally binding, but do not have the effect of enforcement.
If one party does not perform the agreement, the other party may request the grassroots people to deal with it, or it can file a lawsuit with the people's court. After the mediation agreement is reached, both parties may apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation. If the people's court confirms that the mediation agreement is valid, and one party refuses to perform or fails to perform in full, the other party may apply to the court for compulsory enforcement.
What are the similarities and differences between people's mediation + judicial mediation + grand mediation and public mediation.
Hello, the lawyer has the answer for you.
What is the difference between people's mediation and judicial mediation (1) The nature of mediation is different. Judicial mediation is a statutory litigation procedure, which is mediation within litigation; However, people's mediation is not a necessary procedure for litigation, and non-litigation mediation activities are empty.
2) The scope of mediation is different. The scope of judicial mediation is all civil and criminal private prosecution cases before the courts. The scope of people's mediation is mainly limited to civil disputes.
3) The effect of the agreement reached by mediation is different. Once an agreement is reached, judicial mediation will have the same legal effect as the court judgment, and will be legally binding and coercive on both parties. An agreement reached through people's mediation is legally binding, but does not have the effect of enforcement.
If one party fails to perform the agreement, the other party may request the grassroots people to deal with it, or it can file a lawsuit with the people's court. After the mediation agreement is reached, both parties may apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation. If the people's court confirms that the mediation agreement is valid, and one party refuses to perform or fails to perform in full, the other party may apply to the court for compulsory enforcement.
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Summary. Hello dear! We'd be happy to help you with your questions!
The mode of mediation of contradictions and disputes, the main mode of major adjustment is the cooling and cooling method, to put it bluntly, it is to delay the processing time. The method of blending emotion and reason is to use emotion to persuade the two sides of the contradiction to empathize with each other's reasons. To uphold the law of correcting and dispelling evil spirits and to suppress evil spirits with righteousness means to suppress contradictory people who are unreasonable and to inform them of the consequences of their obstinate actions.
In order to maintain the righteousness of the wind to advocate and prevail, so as to convince people with reason.
Hello dear! We'd be happy to help you with your questions! The main mode of contradiction and dispute adjustment is the cooling and cooling method, which is to put it bluntly, it is to drag out the processing time.
The method of blending emotion and reason is to use emotion to persuade the two sides of the contradiction to empathize with each other's reasons. Upholding the right and dispelling evil spirits, and suppressing evil spirits with righteousness, is that Zaozao suppresses unreasonable contradictory people to a certain extent and informs them of the consequences of their willful actions. In order to maintain the righteousness of the wind to advocate and prevail, so as to convince people with reason.
Prepare for mediation, including grasping the relevant background, choosing the appropriate form and timing of mediation, and if possible, selecting the appropriate companion to mediate together. Grasp the conversation during mediation, try to use cordial homely words when talking, naturally dismantle thoughts and feelings, and pay attention to the tone, expression, and posture of the conversation during mediation. After mediation, it is necessary to take positive action, the formation of agreements in mediation should be dealt with in a timely manner, and the promised matters should be fulfilled in a timely manner.
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Due to the contradictions of mining groups, land requisition, house demolition, enterprise restructuring, reservoir resettlement, job placement, key projects and large project construction caused by various contradictions and disputes from time to time, the masses petition, law-related and litigation-related petitions, repetition of letters and revisits continue to increase, the internal contradictions of the people and the various insecurity factors caused by them, have become a prominent problem affecting the social stability of the county. Establish and improve working mechanisms for the connection of people's mediation, administrative mediation, and judicial mediation, adopt mediation methods, and use laws, policies, administrative means, education, and guidance methods to resolve all kinds of contradictions and disputes at the grassroots level and resolve them in the bud. It is of great significance to maintain the social stability of the county and promote the healthy development of the economy and society.
I. Current problems and reasons for the convergence of people's mediation, administrative mediation, and judicial mediation.
1. A small number of cadres and the masses do not have enough understanding of the importance of mediation work and do not attach great importance to it.
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The work policy is to "combine adjustment and defense, give priority to prevention, use a variety of means, and coordinate operations."
One of the main cores of the grand mediation work: the concept of the Trinity Grand Mediation. The so-called three-in-one mediation refers to the division of labor, cooperation and mutual support between the people's courts, people's mediation committees and administrative entities under the leadership of the party committee, and jointly build a mechanism for the prevention and resolution of contradictions and disputes in the new era in which judicial mediation, people's mediation, and administrative mediation are connected, mutually promoted, and combined.
From this definition, it can be seen that Trinity mediation is both a conceptual and a mechanism issue. People's mediation is the first line of defense to maintain social stability and resolve contradictions and disputes, and judicial mediation is the last line of defense to maintain judicial fairness and resolve litigation disputes.
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The work principle of people's mediation is to "combine mediation with defense, give priority to prevention, use various means, and coordinate operations."
This approach has the following implications:
First, the people's mediation committee should mediate all kinds of contradictions and disputes in a timely and effective manner;
The second is to prevent the intensification of contradictions and disputes, so as to prevent the intensification of contradictions and disputes as the focus of people's mediation work;
Third, it is necessary to carry out targeted dispute prevention and reduce the occurrence of contradictions and disputes in view of the occurrence, development law and characteristics of contradictions and disputes;
Fourth, it is necessary to cooperate closely with relevant departments and use economic, administrative, legal, policy, persuasion and education and other means to resolve contradictions and disputes;
Fifth, under the leadership of the party committee, we should take the initiative to combine with all relevant departments, coordinate and cooperate with each other, and jointly resolve contradictions and disputes under the new situation.
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