Traditional Culture Encyclopedia - Traditional stories - The role of mediators in mediation
The role of mediators in mediation
1, the role of preventing contradictions and disputes
People's mediators go deep into the grass roots and capture relevant information in time, so that they can understand the dynamics of things as soon as possible, accurately grasp the causes and characteristics of civil disputes, and actively and effectively prevent the intensification of contradictions and disputes.
At the same time, the active support and participation of the broad masses of the people mobilized and encouraged the broad masses of the people to do a good job in information reporting, broadened the sources of information for people's mediation, and obtained dispute information at the first time in order to mediate in time.
2, the role of resolving contradictions and disputes
The power of people's mediation comes from the grassroots and the masses. People can find civil disputes at the first time, mediate at the first time, reach a mediation agreement in time, and resolve contradictions and disputes quickly and effectively.
Because mediation is timely and flexible, the success rate of mediation is relatively high and timely. Moreover, it takes a long time to resolve disputes through judicial mediation and administrative mediation, which requires litigation channels and legal procedures, and also involves the energy and financial resources of the parties. This is a realistic problem that has to be considered.
3, the role of legal publicity and education
Compared with the current requirements of building socialist material civilization, political civilization, spiritual civilization and social civilization, the people's legal quality still has a certain distance. Due to the scattered living and busy life of the grassroots, it has almost become a blind spot in the conventional legal education, while people's mediation can well shoulder the heavy responsibility of legal publicity for the grassroots.
Mediation procedure of people's mediation committee
First, accept disputes. First, the parties to the dispute take the initiative to apply for mediation; Second, the people's mediation Committee took the initiative to mediate after discovering the dispute; The third is the mediation assigned by the superior.
Second, the preparatory work before mediation. After accepting a dispute, it is necessary to investigate the parties, insiders, the surrounding people and the units where the parties are located, grasp the situation of the dispute, find out the nature of the dispute, and draw up a mediation plan.
3. Facilitate the parties to reach a mediation agreement. Persuasion education and persuasion, so that the parties can accept mediation when they know the "gains and losses". If the two sides can make mutual understanding and accommodation, the mediator should facilitate the two sides to reach a mediation agreement.
Fourth, do a good job of returning visits. If one party fails to perform the mediation agreement, it shall first persuade; Refuse to perform, such as without judicial confirmation, inform the parties to safeguard their legitimate rights and interests through litigation; After judicial confirmation, inform the court to apply for enforcement and safeguard the legitimate rights and interests.
Five, do a good job of filing mediation files and other files.
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