What are the differences between civil litigation and mediation and arbitration? Solve

1 Civil litigation is of a public nature.

Civil litigation is the judicial settlement of disputes between equal subjects, and the court exercises judicial power to resolve civil disputes on behalf of the state. It is different from the people's mediation committees of the nature of mass autonomous organizations to resolve disputes through mediation, and it is also different from the arbitration committees of a non-governmental nature to resolve disputes by arbitration.

2 Civil litigation is mandatory.

Coercion is an important attribute of public power. The compulsion of civil litigation is reflected not only in the acceptance of the case, but also in the enforcement of the judgment. Mediation and arbitration are based on the willingness of the parties, as long as one party is unwilling to choose the above methods to resolve the dispute, mediation and arbitration cannot be carried out, civil litigation is different, as long as the plaintiff sues in accordance with the conditions stipulated in the Civil Procedure Law, whether the defendant is willing or not, litigation will occur.

Unlike court rulings, the performance of an extra-litigation mediation agreement depends on the parties' consciousness and does not have coercive force, and the court may enforce it in accordance with the law if the parties do not automatically perform the obligations determined by the effective judgment.

3 Civil proceedings are procedural.

Civil litigation is a litigation activity carried out in accordance with legal procedures, whether it is the court, the parties and other litigation participants, all need to carry out litigation acts in accordance with the procedures set by the Civil Procedure Law, and violations of litigation procedures often give rise to certain legal consequences, such as the court's judgment being revoked by a higher court, and the parties losing the right to act in a certain litigation.

The negotiation can be resolved by reaching an agreement between the parties without the participation of a third party; Mediation is the mediation of a dispute by the mediator in a manner that he or she believes is conducive to the parties reaching a settlement; Arbitration is different from litigation and trial, and arbitration requires both parties to be voluntary; Litigation is a type of compulsory arbitration conducted by the people's courts.

Legal Analysis: Arbitration and litigation have the following relationships:1

The relationship between arbitration and litigation is either adjudication or adjudication. If the parties reach an arbitration agreement and choose to be arbitrated by an arbitration institution, the people's court loses jurisdiction over the dispute between the two parties, and the people's court will not accept it. After the arbitral award is made, if the parties file a lawsuit with the people's court for the same dispute, the people's court will not accept it.

2.Certain matters in the arbitration proceedings need to be handled in accordance with the procedures of the litigation. Such as property preservation measures, enforcement measures.

3.Litigation has a supervisory role in arbitration. This manifests itself in two ways:

After the arbitral award, if the parties believe that the arbitral award is indeed in error, they may apply to the People's Court to set aside the arbitral award within the statutory period. Second, after the arbitral award is made, if one party applies to the people's court to enforce the arbitral award, if the people's court believes that the arbitral award is indeed in error, it may not enforce it.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Litigation settlement refers to a system in which the parties reach an agreement on the disputed issues of the case through self-negotiation during the litigation process, and jointly state the content of the agreement to the court, and request the conclusion of the litigation. Litigation mediation is different from litigation settlement in the following ways:

1. The nature is different. The former contains the nature of the people's court's exercise of judicial power, while the latter refers to the disposition of the parties' own procedural rights and substantive rights in litigation.

2. The participants are different. In the former, the people's court and both parties participate, while in the latter only the parties themselves participate.

3. The effect is different. After the mediation document prepared on the basis of the court's mediation agreement takes effect, the litigation shall be concluded, and if the mediation document with payment content has enforceable force and the parties settle in the litigation, the plaintiff shall apply for withdrawal of the lawsuit, and the litigation shall be terminated after the court rules that the lawsuit is approved, and the settlement agreement shall not be enforceable.

It should be noted that court mediation and litigation settlement are not entirely unrelated. According to the Civil Mediation Provisions, the connection between the two is manifested in the following two points:

First, if the parties reach a settlement agreement on their own in the course of litigation, the parties may apply to the people's court to confirm the settlement agreement in accordance with the law and prepare a mediation document.

Second, during the process of reconciliation, the parties may apply to the people's court to coordinate the settlement activities, and the people's court may appoint trial support personnel or invite or entrust relevant units and individuals to coordinate the activities in a smart manner.

Is Zhongchangsheng fierce arbitration mediation an extra-litigation mediation?

According to the provisions of the Arbitration Law of the People's Republic of China, arbitration and mediation is an extra-litigation mediation, and pre-arbitration mediation requires the willingness of both parties.

Arbitration Law of the People's Republic of China

Article 51 The arbitral tribunal may conduct mediation before making an award. If the parties voluntarily conciliate, the arbitral tribunal shall mediate. If mediation fails, a ruling shall be made in a timely manner.

If an agreement is reached through mediation, the arbitral tribunal shall prepare a statement of conciliation or an award based on the results of the agreement. The mediation document has the same legal effect as the award.

Article 52 The mediation document shall clearly state the arbitration request and the outcome of the agreement between the parties. The mediation statement shall be signed by the arbitrators, stamped with the seal of the arbitration commission, and served on both parties.

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

If the parties repudiate before the mediation is signed, the arbitral tribunal shall make an award in a timely manner.

According to the provisions of China's Arbitration Law, arbitration and mediation is an extra-litigation mediation, and mediation before arbitration is carried out requires the willingness of both parties to Naqiao.