there is no way to mediate unless one party to the mediation is present. Mainly according to the provisions of Article 93 of the Civil Procedure Law of the People's Republic of China, when trying civil cases, the people's courts must follow the principle of voluntariness of the parties. If one of them is not present at the scene, there is no way to determine whether it is voluntary, so it cannot be carried out.

1. what should I do if one of the mediation parties is not present? There is no way to mediate without the presence of one of the mediators. According to Article 93 of the Civil Procedure Law of the People's Republic of China, when trying civil cases, the people's courts shall distinguish right from wrong and conduct mediation on the basis of the principle of voluntariness of the parties and clear facts. Since the mediation system has no coercive power, it is conducted on the basis of equality and voluntariness of both parties, so it is impossible for one party to mediate without being present, and the parties can submit arbitration or litigation. In accordance with Article 97 of the Civil Procedure Law of the People's Republic of China, if an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties.

second, what is the procedure of civil mediation? 1, psychological counseling The so-called psychological counseling, that is, righting the psychological state of the parties, and building a platform for their ideological exchange. There are many reasons for disputes between parties, among which emotional opposition is an important factor. When giving psychological counseling to the parties, the judges should first do the attitude work of the parties. There is a famous saying in the United States Military Academy at West Point: "Attitude determines everything." The success of mediation first depends on the attitude of the parties to solving the problem. Therefore, before mediation begins, the extreme emotions of the parties should be promptly and effectively relieved, and their psychological obstacles should be eliminated, so that they can think rationally. Secondly, it urges the parties to re-understand the gains and losses of interests and the commitment of responsibilities, and helps them to establish a fair, kind and harmonious concept of mediation. Third, pay attention to guiding the parties to communicate frankly and sincerely, take people as a mirror, reflect on themselves, and create a mediation atmosphere of enterprising cooperation, tolerance, trust and understanding. 2. Grasping the Crux The so-called finding the crux is to actively help the parties to analyze the case carefully, so that the parties can have a comprehensive and true understanding of the causes, processes, results and harmfulness of the dispute and find out the problem. In the mediation stage, the analysis of the case is different from the factual determination of the judgment, and the judges should closely focus on the opinions of the parties and the relevant evidence provided, supplemented by the rules of evidence. The analysis of the case should be realistic, and the confirmation of the facts should be comprehensive and informative, and the mediator should not make a unilateral and arbitrary judgment without the approval of the parties. By communicating the case with the parties, we strive to get the crux of the dispute between the parties accurate and realistic. 3. Legal education In the trial practice, there is a phenomenon of blindly pursuing the efficiency of case mediation. Some mediation staff only unilaterally emphasize the willingness of the parties and ignore the legitimacy of mediation. Legality is the most fundamental principle of mediation, and the process of mediation is the process of legal education. In the process of mediation, the mediator should patiently and meticulously publicize and answer the laws, regulations and policies involved in the case, and clarify the rights and obligations of the parties; For the bad and illegal behaviors of the parties, mediators should carry out persuasion and education work in a targeted manner to help them understand and correct their mistakes. 4. Reconciliation leads to reconciliation, which is a process of persuading the parties to make mutual understanding and accommodation and reaching an agreement on the basis of grasping the crux of the dispute and applying the law. This is the key link of mediation work. Judges should state the interests and losses of the parties, weigh the efficiency and consequences, be emotional, be sensible and be legal, and make the parties make concessions on their own initiative, so as to find a dispute settlement plan recognized by both parties. Mediation is a means, but the agreement must be reached on the premise of the parties' consciousness and voluntariness, and any forced mediation is not desirable. Otherwise, even if the parties sign the mediation agreement, the agreement will not be well fulfilled because it violates the principle of voluntariness, and even the parties will complain. In our real life, when dealing with civil cases, our country needs to follow the principle of voluntary mediation by both parties. If one of the parties is not willing to arrive at the scene to participate in mediation activities, then mediation naturally has no way to continue, so mediation activities cannot be carried out.