What are the ways of litigation mediation

Litigation mediation as a mechanism to resolve disputes, in a timely manner to resolve social conflicts, eliminate factors of instability, maintain social stability, efficient, convenient and harmonious handling of civil disputes between the parties have an important role. Litigation mediation is a high degree of operational difficulty in the trial, but in practice there are still laws to follow, in different stages of litigation, take different ways and means and choose different occasions and subjects for mediation, often play a multiplier effect. The following I will bring you litigation mediation which way.

What are the ways of litigation mediation

1, both sides of the mediation. That is, the court called the parties face to face mediation, is the most common way of mediation. Specifically, the plaintiff (or the defendant) proposed mediation program and the reasons, and then the defendant (or the plaintiff) to put forward the views of the negotiation, after continuous consultation to reach agreement on the mediation success. Both sides of the mediation is applicable to most of the civil case mediation, with a certain cultural literacy, legal awareness, more reasonable parties, or the parties have a certain feeling, friendship, friendship based on better results.

2, unilateral mediation. That is, by the court and the parties to do the work, in order to obtain the agreement of both sides, is a supplement to the two sides of the mediation method. Specifically by the judge by talking, letters, telephone, and other modern communications, etc., respectively, to solicit the parties to the mediation program, feedback to the other party's views, put forward their views and opinions contributed to the parties to reach agreement. Unilateral mediation applies to the parties living in different places, or there is a certain antagonism between the case or the nuclear separation.

3, tripartite mediation. That is, the court invited the parties outside the relevant persons to assist in mediation, is the expansion of the two-party mediation. Specifically, the court called the parties to mediation, invite the parties to have a certain relationship or identity of the person to participate in doing the work of the parties to assist the court in mediation. Tripartite mediation applies to some of the parties can not decide on their own, that is, commonly known as "not in charge, not in charge", or the party's thinking needs to be enlightened and the need to exert a certain degree of social pressure, influence in order to mediate the case.

Mediation methods

Mediation methods are varied, the author according to trial practice summarized in the following part of the method:

1, the middle method. That is, the method of compromise. Caused by civil disputes arising from both parties are usually at fault, or with both parties have a certain degree of relevance, as the saying goes, "a slap in the face," so that the parties to bear the corresponding responsibility, often easier to accept, both sides will think that they are winners, do not need to bear the results of the loss, both face and face.

This is the first time that we have seen a case in the world.

2, the law of justice. That is, the law and traditional morality as the standard for mediation. Guide the parties to use the specific provisions of the law and traditional moral norms as a standard of comparison to judge the rights and wrongs of their own behavior, and accordingly clear responsibility, not only to protect the rights and interests of the lawful, but also to convince the lawbreakers.

3, the value method. That is, mediation for the purpose of economic value. In the parties to more than one mediation program indecisive, entangled, guiding the parties to consider the trade-offs on the issue of focusing on the real results, that is, the size of the pursuit of economic value as the goal, do not be too much in other things.

4, efficiency method. That is, mediation for the purpose of rapid settlement of disputes. In the parties to the mediation program for the payment of the size of the subject matter of the dispute, to guide the parties to consider trade-offs from the speed of settlement. Such as shortening the payment period, a one-time payment, cash on the spot, etc., can make the stalemate contradictions smoothly resolved.

5, emotional method. That is, the use of emotional basis for mediation between the parties. Part of the civil case there is a special relationship between the parties, inspire them to recall the past, love in the past friendship, friendship, feelings, and actively do the work of mediation, often play an unexpected effect.

6, moving law. That is, the judge with true feelings to move the parties to facilitate mediation. Undertake the judge for the sake of the parties, take great pains to repeatedly do the work, and at the same time as far as possible for the parties to put themselves in the position of solving some practical difficulties, often can make the parties y moved to accept the mediation of the judge.