1. What is the time limit for mediation in civil litigation?
1. General court mediation can be conducted after the expiration of the defense period and before the judgment is made. If both parties agree, the court may conduct mediation before the expiration of the defense period. You can put forward your own mediation plan, and the court can also make it.
2. Ordinary procedures, 15 days, simple procedures within 7 days.
Second, the way of civil litigation mediation
1, pre-litigation mediation.
Pre-litigation mediation refers to the mediation conducted by the people's court before the start of litigation activities. Combined with the activities of "sending court police to the grassroots" in recent years and the established polling network, disputes are resolved at the grassroots level and digested in the initial state.
2. file a case for mediation.
The mediation of filing a case is an effective supplement to the pre-litigation mediation by the people's court to intervene and mediate the case as soon as possible when filing a case.
3. Pre-trial mediation.
Pre-trial mediation refers to the litigation activities in which the court organizes the parties to the dispute to settle after the litigation procedure is started and before the court session, so as to urge the parties to reach an agreement to solve the dispute. Pre-trial mediation is a pretreatment procedure for cases suitable for mediation. Its remarkable feature is that both parties mediate under the auspices of the court, and reach a mediation agreement or transfer to trial procedure according to the case and actual situation. It can maximize reconciliation, resolve contradictions and improve litigation efficiency.
4, letters (network, SMS) mediation.
Letter (network, SMS) mediation refers to a way for the people's court to mediate disputes by letter (network, SMS) after the parties file a lawsuit.
5. Socialized mediation.
Article 95 of the Civil Procedure Law stipulates that the people's court may invite relevant units and people to assist in mediation according to the needs of the case. The invited units and individuals shall assist the people's court in mediation. According to this provision, when trying civil and commercial disputes, the people's courts can, under the leadership of the government, establish a public opinion survey network with the cooperation of government functional departments, village committees, villagers' groups, streets, communities, workers, young women and other people's organizations and people's mediation committees, and hold mediation meetings to mediate disputes according to the first-hand information of roving case handlers and police officers.
6. Court mediation.
Mediation in court session refers to the mediation of the parties during the court session and is an integral part of the court session. The Civil Procedure Law stipulates that "at the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time. In court proceedings, mediation is consistent. Mediation can be conducted not only during the investigation and debate, but also after the debate. It is more likely to reach an agreement through mediation in court.
7. Submit to mediation.
Service mediation is the mediation that the people's court makes full use of the opportunity to meet the parties when serving legal documents to them.
Judicial mediation, as a key link in the process of judicial trial in China, is of great significance. The determination of relevant circumstances must be handled in accordance with the circumstances stipulated by law, and the case that it is really impossible to solve the problem through mediation must be tried through judicial judgment.