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How to write a mediation agreement for a fight between two parties

1. Writing a voluntary settlement agreement after a fight generally includes the following contents: (1) Basic information of both parties, including names, ID numbers, addresses, and the cause of the incident; (2) Contents of the agreement: The defendant once Sexual compensation shall be paid to the plaintiff for medical expenses, lost work expenses, transportation expenses, accommodation expenses, spiritual comfort money, etc. The plaintiff waives all criminal liability against the defendant; (3) Both parties sign and indicate the date.

2. The following precautions should be taken when writing a voluntary settlement agreement between the two parties after a fight: (1) First check whether the other party has full capacity for civil conduct. If the other party appears to be only 17 or 18 years old, the other party should be asked to produce ID card to verify the other party’s true age. If the other party is an elderly person, it is best to ask for children to accompany you. Because although the elderly are legally and theoretically considered to be persons with full capacity for civil conduct, older elderly people, especially those over 75 years old or those who are less than 75 years old but in poor health, do not understand The ability and recognition ability will indeed be reduced. If there are no close relatives such as children to accompany you, it will often be troublesome if the elderly party regrets it later, especially if the elderly party compromises; (2) If there are When an agent represents a party in negotiating and drafting a settlement agreement, the legal agent should check the household registration book to verify whether he is the real legal agent; the person entrusting the agent should ask the principal to sign the power of attorney in person. Sign and keep the power of attorney; (3) Be careful not to violate the mandatory provisions of laws and administrative regulations, do not take advantage of the other party's predicament, and do not try to make a big profit. For example, in some compensation cases involving crimes, the parties often have such clauses in the settlement agreement: after one party compensates the other party, it requires the other party not to report it to the judicial authorities, and if it is reported, no compensation will be paid. It is even agreed that even if the judicial authority inquires, the true situation cannot be explained, and the party receiving the money is even required to destroy evidence. Such a settlement agreement not only involves the parties involved, but also involves relatives or friends of the parties involved and even plans and instigates it. Such a settlement agreement is not only invalid but may even involve new crimes, which requires special attention. Don’t take advantage of the fact that the other party is waiting for surgery and has no way to appeal to ask the other party to sign a settlement agreement and pay compensation; (4) Try to record the negotiation process and whether the result of a case dispute resolution is fair and reasonable. Of course, what the parties value is the result, so that people can believe it. An effective way to achieve a fair result is to display and describe the main process of dispute resolution. Although it is impossible and unnecessary for a settlement agreement to be explained in the same way as a judgment, the necessary process is still required. This is also an effective measure to prevent one party from going back on his word. It can be proved that the other party does not lack the ability to judge and is in a state of distress to prevent it from going back on its word and requesting the revocation of the agreement.

3. The template of the voluntary settlement agreement between the two parties in the fight is as follows: Party A: _______________, male, _____ ethnic group, ID card: _______________ Home address: _______________ Party B: _______________, male, _____ ethnic group, identity Certificate: _______________ Home address: _______________ Reason for agreement: On the afternoon of ____ month ____, _________ year of the lunar calendar, Party A and Party B had a dispute when they were not talking to each other. Party A beat Party B, causing Party B to be injured. In order to completely and satisfactorily resolve this matter, both parties agree to mediate and are willing to reach the following agreement: 1. Party A voluntarily bears Party B’s reasonable and necessary medical expenses of RMB 10,000 due to the above-mentioned personal injuries (settled with a valid hospital note recognized by Party A) , if Party B commits fraud, Party A has the right to recover the expenses falsely reported by Party B); 2. After negotiation, Party A and Party B have determined that Party A will pay an additional RMB 10,000 to Party B within days from the date of signing this agreement. 3. The above two expenses are all expenses that Party A shall compensate Party B according to the law or contract negotiation between the two parties, including but not limited to medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and nutrition expenses. , all subsequent treatment fees, rehabilitation fees, nursing fees and mental damage solatium and other expenses.

4. After Party B collects the above fees, the personal injury compensation matters of Party B in this agreement will be terminated, and Party B will no longer claim any rights against Party A and related personnel and units.

5. Party B expresses tolerance and understanding to Party A. Party B also requests the public security organs not to file a case against Party A and relevant personnel and units for relevant legal responsibilities.

6. This agreement is made in triplicate. Party A and Party B each hold one copy, and the public security organ records one copy. It will take effect after both parties sign and fingerprint. Party A: Address: Telephone: Party B: Address: Telephone: Year Month Day Year Month Day

Legal Basis

"Civil Procedure Law of the People's Republic of China"

Article 53 Both parties may reconcile on their own.

Article 62 When entrusting another person to litigate on your behalf, a power of attorney signed or sealed by the client must be submitted to the People's Court. The power of attorney must clearly indicate the entrusted matters and authority. An agent ad litem must have special authorization from the client to admit, waive, change claims, conduct settlement, file counterclaims or appeals on his behalf.

The power of attorney sent or entrusted by citizens of the People's Republic of China living abroad must be certified by the embassy or consulate of the People's Republic of China in that country; if there is no embassy or consulate, it must be certified by the embassy or consulate of the People's Republic of China in that country. The certificate must be certified by the embassy or consulate of a third country with which the People's Republic of China has diplomatic relations in that country, and then certified by the embassy or consulate of the People's Republic of China in that third country, or by a local patriotic overseas Chinese group.