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Practical significance of court mediation
Civil cases often occur among fellow villagers, villagers or neighbors, neighbors, relatives and friends, and are generally contradictions among the people. This contradiction can be solved through legal publicity and education, independent consultation and ideological persuasion, which has the basis of mediation. The parties to the disputed civil rights and interests are arbitrary, and the subject of rights can decide whether and how to exercise them, and can dispose of them freely. So there is the possibility of mediation in civil cases. Judging from judicial practice, court mediation is well received by the parties, which is also determined by the nature and function of the people's court. Justice for the people and solving problems for the people is a fine tradition of people's justice. Resolving disputes through mediation and persuasion and education is a good way to protect people's interests and strengthen people's unity. Practice has proved that it is of great practical significance to uphold and emphasize court mediation. First, it is conducive to thoroughly and quickly resolving disputes, resolving contradictions and improving the efficiency of handling cases. Mediation in China's civil procedure law has a profound historical origin. Historically, during the period of new democratic revolution and socialist construction, the mediation system played its due role. We followed this principle, which has been proved by practice and accumulated some practical experience. Its core is to publicize and persuade the parties through the judges of the people's courts, so as to urge the two sides to negotiate on an equal footing, understand each other, reach an agreement voluntarily and resolve disputes. In this way, the settlement of disputes will be more thorough, conducive to social stability, ease social criticism, increase satisfaction, reduce judicial costs and the cost of misjudged cases, there will be no appeal problems, and the mediation agreement will be implemented smoothly. This means that based on the mediation agreement reached by the parties, no matter whether the mediation takes place in the first instance or the second instance, the lawsuit will be terminated after the mediation is accepted. Second, it is conducive to popularizing legal knowledge, enhancing the concept of obeying the law, enabling the parties to exercise their rights and fulfill their obligations according to law, preventing disputes and reducing litigation. The process of people's court mediation is also a process of legal publicity and education to the parties and the people. Through the mediation work of the people's court, the parties and the surrounding people can receive good legal policy education, which can improve their legal concept, make them understand what is permitted by law and what is prohibited by law, mediate a case and educate each other, thus preventing disputes and reducing litigation. The reason for this meaning is that the result of mediation is based on the wishes of both parties, which is easier to be accepted by both parties than the result of compulsory judgment, and it is also smooth in fulfilling the mediation agreement. Third, it is conducive to strengthening unity among the people, especially between the two parties, and maintaining social stability. Although civil disputes are contradictions among the people, if they are not handled properly or in time, they will also affect the unity between the parties, even intensify contradictions and affect social stability. Through mediation, the people's courts adopt the methods of legal publicity and education and ideological guidance to improve the legal concept and ideological consciousness of the parties, and resolve disputes through equal consultation, without harming harmony, enhancing unity and maintaining social stability. Compared with the court's judgment, this meaning is based on the fact that the disputes between the two sides are handled by mediation, and the degree of confrontation between the two sides is weak, which is conducive to the unity of both sides.