How to do mediation well

Question 1: How to be a good mediator? To be a good mediator, we should start from the following five aspects:

First, work hard and establish prestige with your ability.

The bounden duty of people's mediators is to mediate civil disputes. Where there are disputes, there are people's mediators. Therefore, people's mediators often run day and night, do not rest on holidays, and mediate contradictions among the masses. This requires people's mediators not to be afraid of difficulties, fatigue, regardless of personal gains and losses, and always put people's mediation work in the first place. "ability"

It is the fundamental factor that determines the prestige of the people's mediators. "Talents" can influence the prestige of people's mediators. Ability includes profound legal knowledge and rich mass work ability. People's mediators have rich legal knowledge, social knowledge and cultural knowledge.

Only a solid mass work ability can win the admiration of the masses and generate great appeal.

Second, distinguish between right and wrong, and stand up with virtue.

The so-called distinguishing right from wrong and being fair means that when mediating civil disputes, people's mediators insist on seeking truth from facts, who is right or wrong, who is right or wrong, who is unambiguous and who is right or wrong, and make clear and notarized judgments on disputes according to laws and policies, which is also the minimum morality that a qualified people's mediator should have. Only by doing this can people's mediators find a reasonable way to solve disputes. Both sides. "Virtue" is the foundation of establishing prestige. The so-called "virtue" first means ideological and political quality, that is, having firm political beliefs.

To stand up and realize, we must also adhere to the purpose of serving the people wholeheartedly, followed by the ideological work style, set an example, reward and punishment are clear, and secondly, moral quality cultivation. In work and life, we must not be greedy for money and lust for power and abide by due moral norms.

Third, be upright and cheer with justice.

To mediate civil disputes, we must be fair-minded, adhere to the truth, not be selfish, not afraid of power, mediate according to law, and act impartially. This is the principle of mediation and the discipline of mediators, and it is also one of the basic conditions and professional ethics that people mediators should have.

Only by doing this can the people's mediators win the trust of the people and become caring people of the masses. Only in this way can people really distinguish right from wrong, convince the parties to the dispute, calm the dispute, turn enemies into friends and safeguard the legitimate rights and interests of the masses. "Justice" means that people's mediators are just, fair and just in mediation work. The practice of mediation in the infamous years has proved that whether many mediation agreements can be fulfilled depends on whether mediation itself objectively reflects fairness.

Fourth, approachable, honest and prestigious.

As a qualified people's mediator, you must be able to keep close contact with the masses and unite with them in order to get their help and support. To keep close contact with the masses, we must have sincere and approachable cultivation, treat each other sincerely, meet each other sincerely, be amiable, care about the sufferings of the masses, unconditionally help the parties to solve their difficulties, communicate their feelings with the parties to the dispute in time, and become one with the masses. Only in this way will the masses be willing to approach you. What's on your mind? I'll tell you the truth about the family. "Honesty" includes trust and credit. If you keep your word, you won't break your word, talk empty words or talk big. In practical work, as a people's mediator, you should be responsible for what you say and keep your word, and you can't write empty checks. Once an agreement is reached, you must implement it consistently and article by article.

Fifth, be a teacher by example and promote prestige with affection.

People's mediators not only mediate civil disputes, but also conduct legal publicity and moral education to the masses through mediation. In this sense, people's mediators are also propagandists and educators. As the saying goes, "teaching by example is more important than teaching by words, and putting on a show is better than breaking your voice." People's mediators should be consistent in words and deeds, be strict with themselves, set an example and be a teacher, and ask the masses to do what they want first. Only in this way can they do it among the masses themselves. When mediating disputes, words are powerful. The core of "moving" is to feel people, not only the staff around, but also the parties who feel people. Many years of mediation practice have proved that mediators who are modest and prudent, keep in touch with the masses and treat people warmly and kindly generally have a high degree of trust. On the contrary, if they lack human feelings, put on airs and be domineering, it will be difficult to win the trust of the people and they will be divorced from the masses for a long time. Therefore, as a qualified mediator, we should not only make the people listen to us, but also pay attention to our words and deeds, so that the people can see it pleasing to the eye, so as to continuously strengthen ourselves ... >>

Question 2: How to do a good job in people's mediation (1) Further improve the network of people's mediation organizations According to the requirements of the development of social contradictions and disputes in our county, at present, on the basis of consolidating the people's mediation committees of town and village (neighborhood) committees, we should actively and steadily develop industrial and regional people's mediation organizations, strengthen the construction of people's mediation committees in administrative border areas, and establish people's mediation organizations in trade-intensive areas and floating population areas as needed to gradually eliminate the gap in mediation organizations.

(2) Continuously strengthen the construction of people's mediators and improve the overall quality.

1. Appoint people's mediators in strict accordance with the "China People's Opinion Poll Solution", actively attract qualified retired judges, prosecutors, police, legal workers and other volunteers to participate, and gradually optimize the team structure;

2, regular training, and constantly improve the people's mediators' legal awareness, policy level and professional level, and strive to create a team of people's mediators with excellent ideological style, skilled business and hard-working spirit to meet the needs of the development of the new situation in our county.

(3) changing the working channels of people's mediation.

1. Promote the transformation from "single mediation" to "mediation and litigation convergence". First, the promulgation of the Supreme People's Court's "Several Provisions on the Trial of Civil Cases Involving People's Mediation Agreement" and the implementation of "China People's Opinion Survey Solution" made it clear that people's mediation agreement has the nature of a civil contract, which provided a legal basis for realizing the connection between people's mediation system and litigation system, and also provided a strong guarantee for promoting the parties to consciously perform the mediation agreement. Second, according to the Supreme People's Court's Provisions on Several Issues Concerning Civil Mediation by People's Courts, with the consent of all parties, the people's courts may entrust organizations or individuals with relevant legal knowledge and work experience to mediate cases. After reaching a mediation agreement, the people's court shall confirm it according to law.

2. Realize the transformation from "re-adjustment and light prevention" to "combination of adjustment and prevention, focusing on prevention". People's mediation serves to maintain social stability. It is necessary to grasp the initiative, adhere to the combination of adjustment and prevention, and focus on preventing words.

First, increase the publicity of "China People's Opinion Survey Solution" to raise people's understanding of people's mediation. Make full use of the People's Mediation Publicity Day, vigorously publicize the status and role of people's mediation work by setting up publicity columns for people's mediation work, holding legal knowledge questions and answers, and explaining cases, and correctly guide the parties to disputes to actively seek help from people's mediation. Insist on in-depth legal publicity and moral education in the process of dispute mediation, give full play to the advantages of people's mediators in directly facing the objects of law popularization, strengthen publicity and education on the legal knowledge of the masses and the principles and policies of the party and the state, let the masses know, understand and use the law, improve their rationality in facing disputes, and give more consideration to factors such as costs and benefits, so that people's mediation can gain trust and be deeply rooted in the hearts of the people.

The second is to establish a mechanism for the prevention and investigation of contradictions and disputes, and urge them to be put in place. Establish a preventive mechanism for people, places, events and times. Establish a system for investigating contradictions and disputes to ensure that contradictions are eliminated in the bud. The investigation focuses on disputes such as compensation for land acquisition and demolition, labor relations, homestead, land contract, marriage and family. In the form of investigation, adhere to the combination of regular investigation and centralized investigation.

The third is to go deep into the grassroots and the masses. Mediation work must be changed from passive to active. We should often visit the units and villagers (residents) in the jurisdiction, join the masses, understand the social conditions and public opinion, find the signs of disputes in time, and truly achieve "early detection, early intervention and early mediation" to resolve disputes in the bud.

3. Ensure the transition from "independent mediation" to "joint mediation" Under the new situation that the main contradictions and disputes among the people have changed and become diversified and complicated, the mediation work must be comprehensively used and coordinated by many parties to achieve better results.

First, improve the coordination and cooperation mechanism led by the People's Internal Contradictions Mediation Office with the participation of various departments. With the increase of special disputes such as environmental disputes, medical disputes and product quality disputes, professional administrative handling and administrative mediation mechanisms are becoming more and more important, and other functional departments should also actively participate in the mediation of contradictions and disputes.

The second is to actively promote the working mechanism of "docking between litigation and mediation" and "docking between public mediation".

4. Promote the transformation from "moral mediation" to "legal mediation". With the deepening of law popularization, people's legal awareness has been continuously enhanced and their legal quality has been continuously improved. In the process of mediation of contradictions and disputes, both parties' awareness of legal settlement has been enhanced. & gt

Question 3: How to do a good job in people's mediation? First, understand the situation of both sides. Secondly, talk to them from the other side's point of view, indicating that you understand their difficulties. Finally, move with emotion and move with reason. Take a compromise solution

Question 4: How to do a good job in mediation of civil disputes Abstract In the case of increasing case pressure and limited number of judges, it is of great practical significance to filter and divert more and more litigation cases through mediation procedures. Therefore, as a judge, it is necessary to seriously study the mediation skills in civil litigation. In order to further improve the civil mediation system and give full play to its advantages in resolving disputes and promoting harmony, this paper tries to analyze and summarize some valuable civil mediation skills from the problems existing in the mediation process, and discuss them with you for reference in trial practice. First, the problems that should be paid attention to in the process of civil litigation mediation 1, the principle of "clear facts, distinguish right from wrong" limits the mediation function. According to the provisions of the Civil Procedure Law, the court should distinguish right from wrong and conduct mediation on the basis of clear facts under the principle of voluntary participation of the parties. Finding out the facts and distinguishing the responsibilities is the prerequisite of the judgment. The meaning of mediation itself includes the vague investigation of some unclear facts and responsibilities, mutual understanding and mutual accommodation, so as to achieve the purpose of solving disputes without hurting harmony. One of the purposes for the parties to choose mediation is to improve efficiency. If all cases require mediation only on the premise of finding out the facts and distinguishing right from wrong, then the advantages of mediation will be lost, and it is better to make the judgment simpler and faster. It can be seen that blindly asking to find out the facts and distinguish the responsibilities does not respect the parties' right to dispose freely, and it is time-consuming and laborious, wasting the court's trial resources. The newly published Provisions on Several Issues of Civil Mediation stipulates that "the parties may reach a settlement agreement by themselves, and the people's court may entrust units or individuals to engage in mediation activities". The scope of mediation has been expanded, and even the parties can be allowed to settle out of court. At the same time, the people's court shall confirm such mediation agreement. At the same time, however, it should be noted that the people's court will not confirm the mediation agreement in any of the following circumstances: (1) it infringes on the public interests of the state and society; (2) Infringing the interests of outsiders; (3) against the true meaning of the parties; (4) Violating the prohibitive provisions of laws and administrative regulations. Even if the two parties reach an agreement, the court should not confirm the above agreement. It should be noted in particular that in some cases, the parties collude maliciously, transfer property by means of litigation mediation, evade debts, evade legal responsibilities, and harm the legitimate interests of the state, the collective or others, such as fake divorce, fake debt repayment, fake reconciliation, etc. This kind of mediation case must be carefully tried and examined. Once confirmed, not only can not issue a mediation, but also the corresponding civil punishment. 2, the provisions of the law and judicial interpretation of mediation is too simple, it is difficult to operate in the trial practice. The Civil Procedure Law and the Supreme People's Court's Opinions on Several Issues Concerning the Application of Civil Procedure set up special chapters to stipulate mediation, but the content is simple and too principled, lacking the procedures and norms that judges and parties must abide by. On the one hand, the judge is very arbitrary in the implementation process, and when and how to mediate is the judge's final say, without procedural constraints; On the other hand, judges dare not apply it boldly in the process of implementation. Voluntary and statutory provisions in mediation are too principled, and there are different understandings in trial practice. 3. The dual identity of the judge and the role of "master" affect the judicial justice to some extent. The civil procedure law does not make independent special provisions on the procedure of mediation, but implements the mediation mode of "integration of mediation and trial" This mode has certain rationality and practical significance for reducing litigation costs and avoiding confrontation caused by strict procedures. However, with the further deepening of judicial reform, its disadvantages exposed in trial practice are increasingly prominent. For example, in the trial process, judges often have the dual identity of mediators and judges, and the role of judges as "masters" gives judges more choices when using mediation or deciding to close the case. Some cases that can be settled through mediation have gone through the motions. Some cases should have been decided in time, but the judge repeatedly mediated after the court session, and the mediation was indecisive for a long time. This status of judges will inevitably lead to conflicts in the status of judges. Once mediation fails, it is easy for the parties to doubt the justice of the court and the justice of the judgment and damage the judicial authority. 4. Pay attention to the influence of trial limit on mediation. According to the provisions of the Civil Procedure Law, cases that are tried by summary procedure shall be concluded within 3 months from the date of filing. For cases tried by summary procedure, the absolute time actually allocated to each case is less than three months, because the number of cases tried by judges at the same time is too large, and some cases need to be "coldly handled" in the mediation process, because of the law ... >>

Question 5: How to use psychological skills to do a good job in people's mediation? I think it is mainly the first major, familiar with relevant laws, familiar with psychological knowledge, and master certain persuasion skills. The second is patience. We shouldn't rush for success. Neighborhood relations often lead to vicious incidents, and mediation must be patient. Third, we should know something about the area under our jurisdiction, try to find out the cause of the incident and avoid subjectivity. Fourth, thoroughly, don't leave a tail. Mediation will be accepted by all parties and approved in writing if necessary.

Question 6: How to mediate divorce cases? Because there are countless feelings, family ties and other relationships in divorce disputes, the husband and wife took care of each other for more than ten years and finally gave up their righteousness. When we go to court, if we just put on a robe and ask questions in court with a mallet, we can simply use legal rules and regulations and adjust and solve them in a mechanical and procedural way. Although it shows the judicial authority of judges to try according to law, it is not conducive to its play. If we judges can be reasonable, rational, emotional and mediate to resolve conflicts, it will be beneficial for the parties to live in harmony in the future, and it will also conform to the traditional concept of "harmony at home is the most important thing, and everything will flourish at home", thus building a harmonious society. The following are my personal views on how to do a good job in mediation of divorce disputes around four points. First of all, establishing the concept of mediation and improving judicial ability is the premise of doing a good job in mediation, and family harmony is the cornerstone of social harmony. Most of the objects served by grass-roots courts are rural people. To do mediation work well, we not only need to have rich legal knowledge and profound social experience, but also need to firmly establish the concept of mediation and effectively enhance our ability to do mass work. To be able to mediate, judges are required to find all the factors that can be mediated in divorce cases, and will not judge cases that can be mediated at once, nor will they repeatedly mediate cases that cannot be mediated for a long time. Second, to achieve good mediation, that is, the judge is required to grasp the opportunity of mediation according to various factors involved, properly use appropriate mediation methods, and be good at urging both parties to reach a mediation agreement with the help of all parties. Thirdly, to achieve mediation, that is, the judge is required to grasp the psychology of the parties to the case and do the work of the parties, so that they can eliminate opposing emotions and agree with the mediation results. In grass-roots courts, to do a good job in mediation, judges are also required to go deep into the masses and fully understand the customs of towns and villages. For example, the bride price payment in rural areas, the children of divorced couples and property arrangements, etc., in mediating such disputes, we must not only accurately judge through the law, but also follow the customs and habits. Second, safeguarding public interests and love is the basis for doing a good job in mediation. The formation of divorce cases, mostly the two sides failed to negotiate, and finally the two sides "went to court", the contradiction has a long history. As a neutral third party, the court conducts mediation. If we can't win the trust and respect of both sides, the mediation work can't be carried out, let alone let the two sides with deep grievances bury the hatchet and make concessions. In order to gain the trust and respect of the parties, the judge should keep "two hearts" when conducting mediation work: first, he should have a fair heart, that is, "public interest", and he must always pay attention to his words and deeds, and every move in court, even a look or an expression, can not make the parties suspicious. At the same time, judges should balance and safeguard the justice of conscience, that is to say, judges should try to find a fair balance point and conform to the value judgment of ordinary people when they come up with mediation views. Secondly, the judge should have a heart of "serving the people", that is, love, regard the parties as their relatives, regard their pain as their own pain, put themselves in others' shoes, and imagine what the judge is most willing to do for me and what the judge should do if I am in such a predicament. Gentle reception, patient listening, let the parties say what they want to say, relieve their grievances and emotions, and let them fully express their ideas. When the parties speak, the judge must keep keen insight, analyze in time, accurately grasp the psychological state and activities of the parties, and find the breakthrough point of mediation. Only by truly handling contradictions and disputes from the standpoint of the parties can we convince the parties and really close the case. 3. Grasping the opportunity of mediation and making good use of mediation methods are the guarantee to do a good job in mediation. To successfully handle divorce cases, grasp the opportunity of mediation and make good use of mediation methods, sometimes it will get twice the result with half the effort. It is very important to grasp the timing of mediation, and it is more flexible to grasp it in a timely and moderate manner. The comfort of spring breeze and rain must be there, otherwise it will be impossible to stabilize the mood and bring the feelings closer; At the same time, we must be sober and alert, and we must be moved between the lines. Otherwise, if we blindly accommodate the parties, it will be difficult to reflect the dominant position of the judge in mediation, and it will be difficult to urge the two sides to change their views and make concessions. It is possible that they will not rush for success because of the opportunity, forcibly suppress it, causing the parties to have rebellious psychology, and haste makes waste. In divorce disputes, we need to prescribe the right medicine according to the case. Sometimes face to face, let the two sides who misunderstand each other make their views clear face to face; Sometimes back to back, which makes the resentment deep ... >>

Question 7: How to do a good job in the investigation and resolution of contradictions and disputes should focus on the following aspects: First, strengthen measures to thoroughly investigate outstanding contradictions that affect social harmony and stability. Starting from the reality of the unit, the following issues are the focus of investigation and mediation: all sensitive issues reflected by the masses, such as land lease, financial disclosure, district income and district support, risk claims, and various remedies, are made public. (2) Clear responsibilities. Solve the contradictions and disputes found in time. In mediating civil disputes, the mediation committee gives full play to its role and focuses on prevention. Doing a good job of mediation can stabilize society, avoid the expansion of many civil disputes, and truly play the role of mediation organizations as the first line of defense for comprehensive management of social security. The second is to take multiple measures simultaneously, comprehensively manage and concentrate on resolving various outstanding contradictions and disputes. (1) Effectively intensify the mediation of contradictions and disputes. Attach great importance to and give full play to the important role of mediation in resolving contradictions and disputes, and strive to build a large mediation system combining party branch leadership, people's mediation, administrative mediation and judicial mediation. (2) Effectively solve the reasonable demands and difficulties of the masses. Attach great importance to it, carefully sort out the strong demands of the masses, and the laws and policies clearly stipulate that if it can be solved, implement the responsible units and urge them to solve it within a time limit. For those who do not have the conditions to solve temporarily and can be solved step by step, do a good job in mass communication and gain understanding and trust. (3) Strengthen legal publicity. Strengthen legal publicity and education focusing on laws and regulations such as * * *. While effectively solving the interests reflected by the masses, we must resolutely safeguard the normal order and social order in accordance with the law. (D) Multi-participation, forming a strong synergy to resolve contradictions and disputes. Give full play to the political and organizational advantages of Party organizations, and give full play to mass autonomous organizations, retired veteran cadres, old party member, old teachers and veteran comrades who are enthusiastic about public welfare undertakings to participate in the work of resolving social contradictions. Third, pay attention to source management and fundamentally reduce the occurrence of various contradictions and disputes. (1) Establish a prevention mechanism to reduce conflicts and disputes from the source. Adhere to the starting point and the end result of the investigation and mediation of contradictions and disputes on prevention. In the work, we should grasp the occurrence, characteristics and laws of contradictions and disputes in a timely manner, take the initiative to predict and take precautions in advance, and persist in grasping early and small, and grasping the signs. We should combine the prevention and settlement of disputes. (two) to strengthen the basic work at the grassroots level, to create the necessary conditions for the grassroots to resolve contradictions and disputes. There are full-time mediation committee directors, mediation rooms, regular mediation meetings and mediation records, and dispute registers. Mobilize party member to participate in the investigation and mediation of contradictions and disputes, and strive to resolve all kinds of contradictions and disputes at the grassroots level, and solve them in the bud or not. Five, improve the mechanism to ensure that the investigation and resolution of contradictions and disputes to achieve practical results. Establish and improve the leadership responsibility system. (Liu Zhen)

Question 8: How to be a good people's mediator 1, be familiar with the original intention behind legislation, be proficient in the laws of this major, and broaden your horizons;

2. Learn to put yourself in the shoes, consider from both sides, from the perspective of the country and society, from the perspective of jurisprudence and rationality;

3, nip in the bud, do a good job in the follow-up publicity work;

Question 9: Several common mediation methods in grass-roots courts. Litigation mediation is an important form to enhance the judicial image and credibility of the court. It is a "humanized" litigation choice, which is conducive to social harmony and stability, more in line with the substantive requirements of litigation efficiency and "judicial justice", and can effectively reduce the litigation burden of the parties and save judicial resources. Therefore, case mediation is one of the important contents of the work of grass-roots courts, and case mediation methods are an important part of doing a good job in court mediation. The following are some experiences and feelings of several mediation methods that the author often uses in case mediation in grass-roots courts. First, the psychological relaxation method. It takes a lot of time and energy to do a good job of mediation, and often it will achieve good social effects. When trying civil disputes, grass-roots courts use psychological relaxation method to mediate, the main purpose of which is to gain the trust of the parties, try their best to create a harmonious atmosphere and eliminate hostility and tension between the two sides. Specifically, before the trial, the judge hearing the case will talk to the parties in the office or mediation room about other things, such as the size of the family, how much cultivated land to plant, what work to do, economic conditions and other life-related topics. In the process of chatting, the tension between the two sides was alleviated, and a relaxed and harmonious atmosphere was created as much as possible, paving the way for the smooth mediation of the case. At the same time, in the process of mediation, we should be patient, do not rush for success, let the parties fully express their opinions, fully respect the parties, and reflect the humanistic care of the court. Second, criticize educational methods. In the process of hearing a case, the court resolutely criticizes and educates the party who is at fault, so as to make him realize his mistake, change his attitude and cooperate with the trial work. At the same time, it also makes the innocent party feel that the judge is clear from right and wrong, fair and credible, increases the trust in the judge, and finally helps the parties reach an agreement under the mediation of the judge. Third, the method of adapting to local conditions. In the process of hearing a case, the court should grasp the psychological characteristics of different parties, study their various behavior laws, treat them differently, divide and rule them, and do a good job of mediation and guidance of contradictions in a targeted manner. First, in economic dispute cases with clear creditor's rights, the parties mainly mediate around the legal provisions and the rights and obligations of both parties, so that the debtor can realize his legal obligations and actively perform his debts. For debtors who don't know or know little about the legal provisions, they can read the explicit provisions of the law first, and then explain them to help analyze the legal consequences of non-performance of debts, so as to urge them to perform their debts. Second, in divorce cases, if the relationship between the two parties has indeed broken down, efforts should be made to solve the problems of property division and minor support, and strive for more life rights for the weak as much as possible. For those who are divorced with acceptable feelings or in a moment of anger, they can not rush to file a case for acceptance, or after filing a case for acceptance, they can educate and guide both parties many times, so that both parties can know the disadvantages of divorce to themselves, their families, their children and society, and urge them to get back together. Third, for general injury cases, it is mainly to grasp the victim's psychology of complaining about grievances and let the victim vent their grievances first. The process of mediation presided over by the judge is to make the two sides compromise each other and let the concession people know their advantages. In addition, it also makes the victim understand that excessive litigation requirements do not conform to the legal provisions and will not be supported by the court, so that his appeal expectation will return to rationality and the object of appeal will be within the scope permitted by law. Fourth, for the parties with higher education, the wording should be rigorous and straightforward. For the parties with low education level, we should listen patiently and explain carefully, and be straightforward and decisive for young people. For the elderly, it is necessary to express it euphemistically and calmly. Fourth, the method of joint mediation. The court should be good at seeking the strength of all parties outside the court, forming a joint force, coordinating and mediating contradictions, seeking support and help from all sectors of society, and exerting influence on the parties from all aspects. One is a lawyer. In the case that some parties do not understand the law and lack trust in the judge, we should grasp the psychology of the parties trusting the attorney, let the attorney do a good job of explanation and mediation, give full play to the role of the attorney, and promote the solution of the problem. Second, cadres of judicial offices, members of mediation organizations and members of villagers' committees. These people have a certain prestige and influence in the local area, so it is often twice the result with half the effort to let them assist in mediation. Court mediation can take the form of "entrusted mediation", that is, entrusting out and "inviting mediation", that is, inviting in to mediate cases. The third is friends and relatives. The relatives and friends of the parties are also the objects of court mediation cases for help. Because they often have a better understanding of the emergence and crux of the case, it is also easy to influence the thoughts and feelings of the parties. Therefore, for the parties who are accompanied by relatives and friends during the court session, it is good to communicate with the relatives and friends of the parties ... >>