How to deal with mediation between the two parties after pre litigation preservation

Where a mediation agreement is reached and performed after the preservation, an application may be made to lift the preservation measures, and the purpose of the preservation is to enforce the judgment or mediation agreement.

According to article 166 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the people's court shall make a ruling to lift the preservation under any of the following circumstances after a ruling has been made to take preservation measures:

1) The preservation is erroneous;

2) The applicant withdraws the application for preservation;

3) The applicant's lawsuit or litigation claim is rejected by an effective judgment;

4) Other circumstances where the people's court finds that the preservation should be lifted.

Where preservation measures implemented by way of registration are lifted, a notice of assistance in enforcement shall be issued to the registration authority.

Code of Civil Procedure.

Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts, in cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

If a mediation agreement is reached and performed after preservation, the preservation measures may be lifted, and the purpose of the preservation is to enforce the judgment or mediation agreement.

The purpose of applying for pre-litigation preservation is to grasp the property movement of the other party in a timely manner and avoid the transfer of property by the other party. The specific handling measures can be based on the following:

1. After the pre-litigation property preservation is accepted and approved by the court in accordance with the law, the court will seize and freeze the defendant's property in accordance with the law. 2. The plaintiff should sue the court within 30 days, otherwise the statute of limitations will expire and the preservation will automatically become invalid.

3. If the plaintiff files a lawsuit with the court within 30 days, the preservation will continue until the judgment takes effect.

4. Legal basis: Article 101 of the Civil Procedure Law: Where the applicant does not file a lawsuit or apply for arbitration in accordance with law within 30 days after the people's court takes preservation measures, the people's court shall lift the preservation.

Pre-litigation property preservation refers to the fact that an interested party may apply to the court for property preservation in an emergency situation where it will suffer irreparable losses to its legitimate rights and interests if it does not immediately apply for property preservation.

Article 104 of the Civil Procedure Law: Where the person receiving an interest in the payback does not immediately apply for preservation due to the urgency of the situation, which will cause irreparable damage to his lawful rights and interests, he may apply to the people's court for preservation measures at the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

If the applicant does not file a lawsuit or apply for arbitration in accordance with the Law within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation.

The letter carries pre-litigation preservation, which can preserve the defendant's wages.

The legal basis is the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts

Article 2: People's courts may seal, seize, or freeze movable property in the possession of the person subject to enforcement, immovable property registered in the name of the person subject to enforcement, specific movable property, and other property rights.

The ownership of unregistered buildings and land use rights shall be determined on the basis of the approval documents of the land royal reference right and other relevant evidence.

The people's court may seal, seize or freeze movable property in the possession of a third party or immovable property, specific movable property or other property rights registered in the name of a third party, and the third person confirms in writing that the property belongs to the person subject to enforcement.

Pre-litigation property preservation refers to the fact that an interested party may apply to the court for property preservation if it does not immediately apply for property preservation and will suffer irreparable losses to its rights and interests.