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Court mediation process?

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Court mediation process?


        

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  • 2024-06-17 15:00:01

    The court mediation process begins, proceeds and ends the mediation.
    The details are as follows:
    1. At the beginning of mediation, the people's court shall mediate civil cases that may be solved through mediation. However, in cases where special procedures, supervision procedures, public notice procedures, bankruptcy and debt repayment procedures, marital relations, identity relationship confirmation cases and other civil cases that cannot be mediated according to the nature of the case, the people's court will not mediate, and court mediation can be conducted at all stages of the proceedings and at all trial levels. Specifically, the court can mediate after the case is accepted and before the hearing, during the trial, in the second instance and even in the retrial, and usually after the court debate. According to judicial practice, mediation can be conducted in court or on another date after the adjournment. At the beginning of mediation, the parties generally make an application, and the court can also make suggestions on its own initiative and start mediation after obtaining the consent of the parties;
    2. In the process of mediation, the court mediation is conducted under the auspices of the judges. Mediation can be presided over by the collegial panel or a judge of the collegial panel. Mediation can be conducted in court or in the place where the parties are located. When the court conducts a mediation, it can invite relevant units and individuals to assist. The mediation agreement is usually formed on the basis of the mediation plan. In principle, mediation plans should be proposed by the parties themselves, and both parties can propose mediation plans;
    3. The mediation is ended because the parties refuse to continue mediation or both parties reach an agreement. If the parties refuse to continue mediation but fail to reach a mediation agreement, the people's court shall continue hearing the case and make a judgment in a timely manner. If an agreement is reached through mediation, the parties shall be required to sign the mediation agreement and decide whether to prepare a mediation statement according to the circumstances.

    Legal basis

    Article 49 of the Civil Procedure Law of the People's Republic of China, a party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement. The parties concerned may consult the relevant materials of the case and copy the relevant materials and legal documents of the case. The scope and measures for consulting and copying materials related to the case shall be stipulated by the Supreme People's Court. The parties must exercise their litigation rights according to law, observe the litigation order, and perform legally effective judgments, rulings, and mediation statements.

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