What are the mediation techniques in civil courts, and how to mediate in court mediation

Hello, in civil litigation, court mediation skills include:

1) All-round mediation, extending the tentacles to the maximum. Persist in starting from all aspects of each case, strive to find a combination of mediation from the aspects of social effects, personal needs, property distribution, and profit gains and losses, and try our best to promote the conclusion of the case through mediation within the scope permitted by law. For new types of cases, the method of legal analysis is adopted, the legal knowledge is explained in detail, and supplemented by the explanation of reasoning, so that the parties can eliminate misunderstandings, reduce misunderstandings and one-sided understanding of the law, make them understand the facts and legal principles, and reduce unnecessary litigation burden, so as to save litigation costs.

2) Mediation throughout the process, without missing every link. The mediation work runs through the whole process of case filing, service, execution, etc., and explores a three-step chain mediation mechanism before appearing in court, in court, and after the trial, which is connected and interlocking, and organizes mediation between the parties in the case filing link for cases where the facts are clear, the rights and obligations are clear, and the parties have little dispute. If mediation fails, continue mediation by means of service preservation, investigation and evidence collection, and other links.

Cases that still fail to mediate are to be transferred to court mediation in a timely manner, and on the basis of ascertaining the facts and distinguishing right from wrong, give full play to the function of the trial, conduct face-to-face mediation, and explain the law, clarify responsibilities, and analyze the interests and disadvantages to both parties. Strengthen pre-trial and in-court mediation, and in cases where a mediation agreement cannot be reached in court, the final effort should not be given up before the judgment is made, and methods such as calculating costs, using external forces, and case prompts should be used to facilitate post-trial mediation.

3) Full participation in mediation, so that everyone can carry the burden on their shoulders. The key to the increase of the mediation rate and the realization of a harmonious judiciary is people, and the key is to form a joint force. While further strengthening the primary responsibility of judges undertaking cases, decompose mediation responsibilities to each position and person involved in the handling of cases, so that clerks, people's assessors, adjudicators, and division presidents all have responsibilities and tasks.

If more details could be given, more detailed information could be made.

According to the Civil Procedure Law of the People's Republic of China and the Provisions of the Supreme People's Court on Several Issues Concerning the Civil Mediation Work of the People's Courts, the methods of civil litigation mediation can be different according to the degree of difficulty of the case and different circumstances, including pre-litigation mediation, case filing conditions, pre-trial mediation, and written mediation.

1. Pre-litigation mediation. Pre-litigation mediation refers to the mediation carried out by the people's courts in recent years by using the activity of "sending court officers and police to the grassroots level" carried out in recent years and combining it with the established public opinion survey network, so as to resolve the dispute at the grassroots level and digest it in the initial state.

2. Case filing and mediation. Case filing mediation is an effective supplement to pre-litigation mediation in which the people's court intervenes early to mediate the case when the case is filed.

3. Pre-trial mediation. Pre-trial mediation refers to the litigation activities in which the court organizes the parties to the dispute to settle after the litigation procedure is initiated and before the trial, and prompts the parties to reach an agreement to resolve the dispute. Pre-trial mediation is a pre-emptive procedure for cases suitable for mediation, and its distinctive feature is that the parties are mediated under the auspices of the court, and a mediation agreement is reached or transferred to the trial procedure according to the facts of the case and the actual situation, which can promote reconciliation to the greatest extent, resolve contradictions, and improve litigation efficiency.

4. Mediation by letter (Internet, SMS). Mediation by letter (Internet, SMS) refers to a method in which the people's court mediates disputes by letter (Internet, SMS) after the parties file a lawsuit.

5. Socialized mediation. The Civil Procedure Law stipulates that the people's courts conducting mediation may, as needed by the case, invite relevant units and the public to assist.

Invited units and individuals shall assist the people's courts in conducting mediation. According to this provision, when the people's court hears civil or commercial dispute cases, according to the needs of mediation, it may, under the leadership of the party committee and the people's government, establish a public opinion survey network that is coordinated with the functional departments, village committees, villagers' groups, streets, communities, workers' and young women's organizations, and people's mediation committees, and use the first-hand information of the roving case-handling and the grassroots level of the cadres and police to convene mediation meetings to mediate disputes.

6. Mediation. Mediation refers to the mediation of the parties during the trial and is an integral part of the trial. The Civil Procedure Law stipulates that "when the courtroom debate is concluded, a judgment shall be rendered in accordance with law."

Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner. In court proceedings, mediation is carried out throughout. Mediation can be carried out not only during the investigation and debate stage, but also after the debate is concluded.

** Mediation, the possibility of reaching an agreement is relatively high.

7. Service for mediation. Service mediation is a mediation conducted by the people's court on the parties when they make full use of the opportunity to contact and meet with the parties when they serve legal documents to the parties.

Pre-litigation mediation refers to the mediation carried out by the people's courts in recent years by using the activity of "sending court officers and police to the grassroots level" carried out in recent years and combining it with the established public opinion survey network, so as to resolve the dispute at the grassroots level and digest it in the initial state.

Court mediation may begin upon the application of the parties, or may be initiated by the people's court ex officio. After the people's court accepts the case, after review, it finds that the legal relationship is clear and the facts are clear, and may conduct mediation after obtaining the consent of both parties. Where mediation fails, a judgment shall be made in a timely manner.

2. What is the next step in the failure of civil litigation mediation?

The next step in the failure of civil litigation mediation is to proceed with the trial. In hearing civil cases, the people's courts shall, on the basis of the principle of the parties' voluntariness and on the basis of clear facts, distinguish right from wrong and conduct mediation. Where mediation fails to reach an agreement or the party repents before the mediation document is served, the people's court shall make a judgment in a timely manner.

1. The specific process of civil litigation is as follows:

1. The plaintiff sues;

2. After the court accepts it, a copy of the indictment shall be served on the defendant;

3. The defendant submits a reply within 15 days, and the court delivers a copy of the reply to the plaintiff within 5 days.

4. For cases that are decided to be heard, the Faga Reform Court shall notify the parties and make an announcement three days in advance;

5. The court investigation stage includes the statements of the parties; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; Presentation of documentary evidence, physical evidence and audio-visual judgment materials; read out the appraisal conclusions; read out the inquest transcript;

6. Court debates include speeches by plaintiffs and their litigants; Defendants and their litigants plead; The third party and its litigant speak or reply; Debating with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party;

7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.

8. Announcement of judgment.

2. The following materials are required for civil litigation:

1. A copy of the complaint, with a copy according to the number of defendants;

2. The main evidentiary materials, and provide copies according to the number of defendants;

3. Proof of identity of the plaintiff and the defendant;

4. If you entrust others to litigate, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original for inspection;

5. If a lawyer is entrusted to litigate, a power of attorney with clear authorization and a copy of the law firm's acceptance of the entrustment, the letter and the lawyer's certificate must be submitted.

To sum up, the recipient agrees that the people's court may use fax, e-mail, or other methods that can confirm its receipt to serve litigation documents, except for judgments, rulings, and mediation documents. The mediation statement shall have legal effect after it is signed and received by both parties. Where the performance of obligations set forth in legal documents is evaded through mediation, the people's courts shall impose fines or detention on the basis of the severity of the circumstances.

Article 94 of the Civil Litigation Law provides that the people's court may conduct mediation by a single adjudicator or by a collegial panel, and shall be conducted on the spot as far as possible. People's courts conducting mediation may notify the parties and witnesses to appear in court in a simplified manner.