The first is the legal effect of the ruling after it is issued.
The ruling is a ruling made by the court on the disputed matters of the case according to facts and laws, and has legal effect. After the written ruling is issued, the parties concerned shall perform their obligations stipulated in the written ruling. However, the ruling is not final and may be revised or revoked in subsequent trial procedures.
Second, the possibility of mediation after the ruling is issued.
Although the ruling has been issued, both parties can still choose mediation as the way to solve the dispute. Mediation can be conducted at all stages of litigation, including after the award is issued. The advantage of mediation is that it can save time and cost, and also help to maintain the relationship between the parties. However, the success of mediation depends on the will of both parties and the outcome of negotiations.
After the ruling is issued, the parties may apply to the court for mediation, or mediate through mediation committees, lawyers and other channels. After receiving the application for mediation, the court will decide whether to agree to mediation according to the specific circumstances of the case and the legal provisions.
Third, the relationship between mediation and adjudication.
Mediation and adjudication are not mutually exclusive. The ruling is the preliminary judgment of the disputed matters in the case, while the mediation is the result of voluntary negotiation between the two parties. If the mediation is successful, the two sides can reach a settlement agreement, thus solving the dispute. At this time, the court can modify or cancel the award according to the application of both parties.
However, it should be noted that not all cases are suitable for mediation. For cases involving major legal principles, public interests or the rights and interests of third parties, the court may reject the application for mediation or strictly examine the mediation results.
To sum up:
After the award is issued, both parties can still choose mediation as a way to resolve disputes. The success of mediation depends on the will of both parties and the outcome of negotiations. When deciding whether to agree to mediation, the court will consider the specific circumstances of the case and the legal provisions. Mediation and adjudication are not mutually exclusive, but can complement each other. Resolving disputes through mediation helps to save time and cost and also helps to maintain the relationship between the parties.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 93 provides that:
When trying a civil case, the people's court shall, on the basis of clear facts, distinguish right from wrong and conduct mediation on the basis of the principle of voluntary participation of the parties.
Article 94 provides that:
Mediation by the people's court may be presided over by a 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 95 provides that:
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.
Opinion polls of China people and China people.
Article 2 provides that:
The people's mediation referred to in this Law refers to the activities of the people's mediation committee to persuade the parties to reach a mediation agreement voluntarily on the basis of equal consultation to solve civil disputes.