First, can civil dispute mediation be recorded?
According to the provisions of the Civil Procedure Law, when the court conducts mediation, it will record the mediation process, but it is not clearly stipulated whether mediation can be recorded. But it is theoretically impossible. Recording requires the consent of the other party. Suspected of breaking the law and the evidence is being secretly recorded, it cannot be used as evidence against the parties afterwards, but other evidence other than mediation, including relevant transcripts before mediation, relevant physical evidence, witnesses, expert conclusions and compensation after the incident, can be used as evidence.
The procedure of mediation is generally that one party makes a request first and the other party decides whether to accept it or not. Mediation by public security organs also requires the consent of both parties. If one party resolutely disagrees with mediation, it is impossible to mediate. If no agreement can be reached through mediation, both parties may bring a lawsuit to the people's court and demand to solve the problem, but the public security organ shall record the mediation. Not all cases are subject to mediation procedures. According to the "Public Security Administration Punishment Law", if the circumstances are minor, the public security organs can mediate and handle the acts that violate public security administration, such as fighting and damaging other people's property, caused by civil disputes. If the parties reach an agreement through mediation by the public security organ, they will not be punished; If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish it in accordance with the provisions of this law and inform the parties that they can bring a civil lawsuit to the people's court in accordance with the Civil Disputes Law.
Second, the legal provisions related to mediation
People's Republic of China (PRC) Civil Procedure Law
Article 93 In trying civil cases, the people's courts should distinguish right from wrong and mediate on the basis of clear facts.
Article 94 Mediation by a people's court may be presided over by a single judge or a collegial panel, and it shall be conducted on the spot as far as possible.
When conducting mediation, the people's court may notify the parties and witnesses to appear in court in a simple way.
Article 97 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 has legal effect after being signed by both parties.
Article 98 If an agreement is reached through mediation in the following cases, the people's court may not make a conciliation statement:
(1) Mediation and reconciliation of divorce cases;
(2) Mediation and maintenance of adoption cases;
(3) Cases that can be executed immediately;
(four) other cases that do not need to make a conciliation statement.
An agreement that does not require the preparation of a conciliation statement shall be recorded in a written record, which shall have legal effect after being signed or sealed by both parties, judges and court clerks.
To sum it up. The answer to the question whether civil dispute mediation can be recorded is simple. Under normal circumstances, the court will record the mediation process, but the law does not clearly stipulate whether mediation can be recorded.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law (202 1 Amendment)
Article 96 When trying a civil case, the people's court shall distinguish right from wrong and conduct mediation on the basis of clear facts.
Article 97 Mediation by a people's court may be presided over by a single judge or a collegial panel, and it shall be conducted on the spot as far as possible.
When conducting mediation, the people's court may notify the parties and witnesses to appear in court in a simple way.
Article 98 The people's court may invite relevant units and individuals to assist in mediation. The invited units and individuals shall assist the people's court in mediation.
Article 99 To reach an agreement through mediation, both parties must be voluntary, and no coercion is allowed. The contents of the mediation agreement shall not violate the law.
Article 100 If an agreement is reached through mediation, the people's court shall prepare 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 has legal effect after being signed by both parties.