What is the procedure of civil mediation?
1, psychological counseling
The so-called psychological counseling is to correct the psychological state of the parties and build a platform for their ideological exchange. There are many reasons for disputes between parties, among which emotional opposition is an important factor. When a judge gives psychological counseling to a client, he should first do a good job in the attitude of the client. 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 solve the problem. Therefore, before the mediation begins, it is necessary to promptly and effectively guide the extreme emotions of the parties, eliminate their psychological obstacles and let them think rationally. Secondly, it urges the parties to re-understand the gains and losses of interests and the responsibility, and helps them to establish a fair, kind and harmonious mediation concept. Third, pay attention to guide the parties to communicate frankly, people-oriented, self-reflection, and create a mediation atmosphere of enterprising cooperation, tolerance, trust and understanding.
Step 2 get to the point
The so-called finding the crux is to actively help the parties to carefully analyze the case, so that the parties can have a comprehensive and true understanding of the cause, process, result and harmfulness of the dispute and find out the problem. In the mediation stage, the analysis of the case is different from the fact finding of the judgment, and the judge 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, the confirmation of the facts should be comprehensive and informative, and the mediator should not make unilateral arbitrary judgments without the consent of the parties. By communicating with the parties, we strive to accurately and truly understand the crux of the dispute between the parties.
3. Legal education
In the trial practice, there is a phenomenon of blindly pursuing the efficiency of case mediation. Some mediators only unilaterally emphasize the willingness of the parties and ignore the legitimacy of mediation. Legitimacy 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 carefully publicize and answer the laws, regulations and policies involved in the case, and clarify the rights and obligations of the parties; Mediators should carry out persuasion and education to help the parties understand and correct their mistakes.
4. Reconciliation.
Promoting reconciliation is a process of persuading the parties to make mutual understanding and accommodation and reach an agreement on the basis of grasping the crux of the dispute and applying the law. This is the key link of mediation. The judge should state the interests and losses of the parties, weigh the efficiency and consequences, be emotional, rational and legal, and make the parties make concessions on their own initiative, so as to find a solution to the dispute recognized by both parties.
Mediation is a means, but the agreement must be reached on the premise of the parties' voluntary, and any forced mediation is not desirable. Otherwise, even if the parties sign a mediation agreement, the agreement will not be well fulfilled, because it violates the principle of voluntariness and even the parties will complain.
In real life, when dealing with civil cases, China needs to follow the principle of voluntary mediation by both parties. If one party is unwilling to arrive at the scene to participate in mediation activities, then mediation naturally cannot continue, so mediation activities cannot be carried out.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 102 of the Civil Procedure Law.
Before the conciliation statement is served, if the conciliation fails to reach an agreement or one party reneges, the people's court shall make a timely judgment.
Article 9
When trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality; If mediation fails, a judgment shall be made in time.