What are the benefits and consequences of pre trial mediation in civil disputes?

It is conducive to the neutrality and impartiality of the mediation judge. The establishment of civil pretrial mediation divisions in the people's courts and the establishment of a full-time pretrial judge mediation system can effectively avoid the drawbacks of judges playing the dual roles of mediators and adjudicators. How to do a good job in separating mediation and trial in the people's courts and establishing a standardized system for separating mediation and trial is not a matter that can be accomplished overnight.

In our courts, it is unrealistic to completely separate mediation from the trial.

Legal analysis

In a case that has entered the trial procedure, if both parties have an agreement to request the court to preside over mediation, the trial judge can directly conduct mediation, which is still feasible in terms of case handling efficiency and saving judicial resources. However, in the pre-trial procedures, it is necessary to separate mediation from the trial and set up a pre-trial mediation tribunal for civil trials in the people's courts, and it is of practical and positive significance. It is conducive to the professionalization of judges in the people's courts.

China is in a period of social transition, and various contradictions are intricately intertwined, and along with the continuous progress of society, higher requirements have been put forward for the quality of judges. The establishment of a civil pretrial mediation tribunal in the people's courts and the establishment of a mediation system for full-time pretrial judges is conducive to the full-time judge's study of mediation business, to summarizing mediation experience, to the systematic training of the full-time judge in mediation knowledge, to the full-time judge's improvement of mediation skills and quality, and further, to the professionalization of the people's court's judges. It is conducive to the neutrality and impartiality of the mediation judge.

The establishment of civil pre-trial mediation divisions in the people's courts and the establishment of a full-time pre-trial judge mediation system can effectively avoid the disadvantages of judges playing the dual roles of mediators and adjudicators, eliminate the phenomenon of illegal mediation, compulsory mediation or delayed adjudication if mediation fails, and eliminate the parties' doubts about the neutrality and impartiality of the judge's mediation.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 94: 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 133:People's courts are to handle cases they accept in different circumstances: (1) where the parties have no dispute and meet the requirements of the supervision procedures, they may transfer them to the supervision procedures; (2) If mediation is possible before, mediation shall be adopted to resolve the dispute in a timely manner; (3) Determine the application of the simplified procedures or ordinary procedures on the basis of the circumstances of the case; (4) Where it is necessary to conduct a trial, the focus of the dispute is to be clarified by means such as requiring the parties to exchange evidence.

Are you talking about pre-litigation mediation or non-litigation after the case is filed?

Regardless of the former or the latter, if the mediation is successful, the court only charges half of the fee, and the court can still issue a court mediation letter and apply to the court for compulsory enforcement.

If the mediation is unsuccessful, if it is the former, then it will be transferred to the case filing procedure; If it is the latter, then the court ** decides.

The advantage of mediation is that the conflict is not intensified, the conflict is easy to resolve, the agreement is easy to achieve, and it is beneficial to both parties.

After mediation, if it can be negotiated, it can be settled.

Legal analysis: 1. Pre-litigation mediation is a way to adjust before the court files a case, and it is a way for the court to divert the case. Pre-trial mediation is a kind of mediation before the court files the case.

2. The difference between the two is whether the court has filed a case or not, and the effect of the court organization is the same.

3. The mediation and judgment organized by the court are also legally effective.

Legal basis: Article 9 of the Civil Procedure Law of the People's Republic of China Article 9: People's courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

The mediation and judgment organized by the court are equally legally valid. After the court accepts the civil lawsuit, if the mediation is reached and both parties sign the agreement, the agreement will take effect after it is delivered to the parties, and the parties need to implement the content of the agreement.

Legal analysis

** Whether the pre-mediation has legal effect depends on whether an agreement is reached and whether the agreement is delivered to both parties, if the mediation fails to reach an agreement or the party repents before the service, the agreement is not legally valid. Attention to pre-trial mediation: 1. Mediation is carried out on a voluntary basis by both parties, and if one party does not agree, it cannot be mediated.

2. If an agreement is reached through mediation, the court shall generally prepare a mediation agreement, which shall specify the content reached through mediation. 3. The court's mediation letter shall take effect when it is served on both parties, and if one party repents before it is served, the court shall make a judgment in a timely manner. Pre-litigation mediation is a way to adjust before the court files a case, and it is a way for the court to divert the case, the number of court cases has increased geometrically over the years, and the problem of a small number of cases has become more and more prominent, so a pre-litigation mediation to relieve the pressure on the court can also help the parties to adjust conflicts and disputes faster.

Pre-trial mediation is a kind of mediation before the court files the case, and the difference between the two is whether the court has filed a case or not, and the effect is the same if it is organized by the court.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 9: People's courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

Article 93: 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 96: Reaching an agreement through mediation must be voluntary on both sides and must not be forced. The content of the mediation agreement must not contravene the provisions of the law.

Article 97: Where an agreement is reached through mediation, the people's court shall draft a mediation document. The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results. The mediation document shall be signed by the adjudicator and clerk, affixed with the seal of the people's court, and served on both parties.

The mediation statement shall have legal effect after it is signed and received by both parties.

Article 99: 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.

If an agreement is reached through pre-trial mediation, in addition to timely performance, it is necessary to apply to the court to issue a mediation document, and only if one party fails to perform the agreement in the future, the non-compliant party will have the effect of applying for compulsory enforcement.

The pre-trial mediation committee will issue a civil mediation document, which has the same legal effect as the judgment; If there is no enforcement after the mediation agreement is issued, an application for compulsory enforcement may be made.

If the mediation is completed and the judge issues a written mediation letter, it will have legal effect. If the consent is only verbal, it has no legal effect.

Legal analysis: Pre-trial mediation has legal effect. People's courts hearing civil cases shall conduct mediation in accordance with the principles of voluntariness and legality. After the court's mediation, the agreement formed by the chaotic bridge is legally valid.

Legal basis: Article 9 of the Civil Procedure Law of the People's Republic of China.

Courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality.

Court mediation is conducive to improving the efficiency of court work. From the perspective of relevant research, the combination of pre-trial mediation and mediation in summary procedures can greatly improve the efficiency of trial work in the birthplace, realize the separation of complicated and simple cases, and be conducive to the rational allocation of court resources. Second, mediation is conducive to achieving good social results and ensuring social stability.

The difficulty of court judgments lies not only in judicial authority, judicial procedures and many other reasons, but also in the fact that many disputes themselves have no clear legal basis, and it is difficult to ensure that the parties and society can accept the judgments made by the courts on the basis of discretion on the one hand, and on the other hand, they will also cause great inconsistency and uncertain results in the application of law. Through mediation, the court can "completely" deal with some thorny disputes, which can not only reduce social blame, but also create a better living environment for itself.

However, today, as the reform of trial methods continues to deepen, some courts have put forward the reform idea of "strengthening trials and weakening mediation", one-sidedly emphasizing the speed of trial and the rate of trial in court, and the tendency to emphasize judgment over mediation has been revealed. The openness, fairness, and high efficiency that judges pay attention to in adjudicating cases have gradually been neglected, and the mediation rate of civil litigation has dropped significantly, and the problems caused by law firms with high judgments such as many appeals, many appeals, and difficulties in enforcement have not only made the court's work fall into a heavy burden rather than passivity, but also increased the dissatisfaction of the parties with the simplification of the court's farming methods and the poor social effect of handling cases.

Mediation will not necessarily be conducted before civil litigation, and if the parties refuse to mediate, they will not mediate; Mediation can be before or after mediation until the enforcement stage; The people's courts generally conduct mediation on the basis of clear facts on the basis of the parties' voluntariness.

Article 93 of the Civil Procedure Law: People's courts hearing civil cases shall, on the basis of the principle of self-reliance and the wishes of the parties, distinguish right from wrong and conduct mediation on the basis of clear facts. Article 96: Reaching an agreement through mediation must be voluntary on both sides and must not be forced. The content of the mediation agreement must not contravene the provisions of the law.

Article 230, paragraph 1: Where during enforcement, the parties reach an agreement through reconciliation on their own, the executor shall record the content of the meeting in the record, and both parties shall sign or affix their seals to the discussion.