What to do if the mediation is unsuccessful twice, and how to deal with the unsuccessful mediation

Hello: 1. If it is mediated by the people's court in accordance with the law, if the mediation is invalid, it can only be judged in accordance with the law. Because mediation must follow the principle of voluntariness and non-illegality, no person or any unit may force others to accept mediation, or accept mediation opinions that they do not agree with the other party.

Mediation is conducive to saving the country's judicial voluntariness, as well as the litigation costs of both parties to the dispute, therefore, mediation is a good thing, but in order to avoid intensifying the conflict, mediation must follow the principle of both parties or the willingness of all parties, no person or any unit has the right to require the parties to accept mediation, or must accept the mediation opinions or conditions they offer, because this must be not conducive to social stability, in violation of the law of the wrong behavior.

2. Mediation to reach an agreement must be voluntary and not forced. The content of the mediation agreement must not contravene the provisions of the law.

The judicial basis is Article 96 of the Civil Procedure Law of the People's Republic of China.

1. If a lawsuit is filed, the court will serve a summons and other legal documents on the defendant.

The main thing is to inform, to submit a reply within the prescribed time limit, as well as the rights and obligations such as the time limit for presenting evidence, the rules for presenting evidence, etc.;

2. The court will choose the right time and notify the plaintiff and the defendant to appear in court.

The court generally asks both parties whether they are willing to mediate, and if the mediation fails, the court will conduct a trial, and both parties will present evidence, cross-examine evidence, and debate, and the court will hear the opinions of both the original defendant and the defendant. The case is usually decided at a time after the trial has been held.

3. After the judgment, if the appeal is not made within 15 days, the judgment shall take effect; If the case is appealed, the case will enter the second-instance procedure, and the judgment rendered in the second-instance trial cannot be appealed, and the judgment will take effect immediately once it is rendered.

4. The judgment will clarify the rights and obligations of both parties, and if the defendant loses the lawsuit, he will have to bear the corresponding litigation costs. At the same time, the obligation should be automatically performed within the time limit specified in the judgment.

5. If the obligor does not perform automatically, the obligee may apply to the court for compulsory enforcement within 2 years.

There are many enforcement measures, such as compulsory enforcement of deposits, and the court can take measures such as inquiry, freezing, and transfer; In enforcement practice, the court may withhold and withdraw the income of the person subject to the application for enforcement; For the enforcement of other property, the court has the right to seal, seize, auction or sell the part of the property that the person subject to the application for enforcement shall perform its obligations. Courts can also search property, forcibly deliver, forcibly evict from the house or vacate the land, etc. At the same time, the obligor also bears the execution fee and doubles the interest on the debt during the period of delayed performance.

Legal analysis: If the people's court mediates according to law, if the mediation is invalid, it can only be judged according to law, and if the mediation of the first and the mediation of the relevant administrative organs is invalid, it can only be resolved through litigation. Because mediation must follow the principle of voluntariness and non-illegality, no person or any unit may force others to accept mediation, or accept mediation opinions that they do not agree with the other party.

Mediation is conducive to saving the country's judicial voluntariness, as well as the litigation costs of both parties to the dispute, therefore, it is a good thing to send Congbu mediation, but in order to avoid intensifying the conflict, mediation must follow the principle of both parties or the willingness of all parties, no person or unit has the right to require the parties to accept mediation, or must accept the mediation opinions or conditions they offer, because this must be unfavorable to social stability, in violation of the law of the wrong behavior.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 96 Mediation to reach an agreement must be voluntary between both parties and must not be forced. The content of the mediation agreement must not contravene the provisions of the law.

Legal analysis

If the negotiation fails, it is best to find someone trusted by both parties to mediate, and if you can't mediate, you can go to the court to sue. The method for handling disputes that the people's mediator fails to mediate is as follows: the mediator shall terminate the mediation and, in accordance with the provisions of relevant laws and regulations, inform the parties that they may protect their rights through arbitration, administrative, judicial and other channels in accordance with the law.

The mediation procedure is a kind of social relief to resolve disputes, which is mainly mediated by grassroots mass organizations and does not have legal coercive force.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 96: People's courts hearing civil cases are to distinguish right from wrong and conduct mediation on the basis of the parties' voluntariness and on the basis of clear facts.

Article 97: People's courts conducting mediation may be presided over by a single adjudicator, or may be presided over by a collegial panel, and are to be conducted on the spot as much as possible.

People's courts conducting mediation may notify the parties and witnesses to appear in court in a simplified manner.

Article 98: People's courts conducting mediation may invite relevant units and individuals to assist. Invited units and individuals shall assist the people's courts in conducting mediation.

The first ** is usually mediation, provided that both parties are willing to let the court mediate. The law stipulates that after the conclusion of the courtroom debate, the people's court shall make a judgment on the case in accordance with the law within the prescribed time. Before making a judgment, if the court discovers that it is possible to mediate between the original defendant and the original defendant, it may do so, and if the mediation fails, it shall promptly make a judgment on the case.

Article 145 of the Civil Procedure Law of the People's Republic of China: Where courtroom debate is concluded, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted with caution, and where mediation fails, a judgment shall be made in a timely manner. Article 9 of the Civil Procedure Law of the People's Republic of China: People's courts hearing civil cases shall conduct mediation in accordance with the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

Legal analysis: In the process of labor dispute arbitration, the current mediation should be carried out, and if the first mediation fails, whether to conduct the second mediation, and the second chain of mediation at intervals with navigation mobile phones, is not stipulated by law, and the arbitral tribunal generally determines itself according to the specific circumstances. However, the law stipulates a time limit for the conclusion of the arbitration case, which shall generally be concluded within 45 days from the date of acceptance of the application for arbitration, and shall not exceed 60 days.

If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

Legal basis: Article 43 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 43 The arbitral tribunal shall conclude the adjudication of labor dispute cases within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days.

If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.

When the arbitral tribunal adjudicated a labor dispute case against Wang Hong, part of the facts was already clear and it could be awarded in advance.

If the mediation fails, it can be handled by litigation. Conducting a civil lawsuit is divided into the following steps: 1. Prepare a civil complaint.

Clearly state the names, genders, ages, ethnicities, occupations, workplaces and residences of the parties, the names and residences of legal persons or other organizations, and the names and positions of the legal representatives or principal responsible persons in the litigation pleadings; the claim for instructions and the facts and reasons on which it is based; Evidence and Evidence**. 2. File a lawsuit with the people's court with jurisdiction and submit relevant evidence. The defendant shall submit a reply to the people's court within 15 days after receiving a copy of the indictment.

During the period of defense, an objection to jurisdiction may be raised in accordance with the law. 3. Attend and participate in litigation activities on time in accordance with the notice of the people's court. 4. If the number of people is dissatisfied with the judgment or ruling of the first instance, he shall appeal to the people's court of the original trial or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.

5. Where they are dissatisfied with a judgment or ruling that has already taken legal effect, they may apply to the original people's court or the people's court at the level above for a retrial without stopping enforcement. 6. For civil judgments or rulings that have already taken legal effect, the parties may apply to the people's court of first instance for enforcement. Article 3 of the Civil Procedure Law of the People's Republic of China Article 120 of the Civil Procedure Law of the People's Republic of China.