People's mediation is a type of mediation outside of litigation. It refers to the activity of mediating and persuading the parties to civil disputes under the auspices of the People's Mediation Committee, based on national laws, regulations, rules, and social ethics norms, to promote mutual understanding, equal consultation, voluntary agreement, and elimination of disputes.
The parties may apply for mediation to the People's Mediation Committee; The People's Mediation Committee can also take the initiative to mediate. If one party explicitly refuses mediation, mediation shall not be conducted.
Scope of acceptance:
The civil disputes mediated by the People's Mediation Committee include various disputes involving civil rights and obligations between citizens, citizens and legal persons, and other social organizations.
(1) Citizens and Citizens
Disputes between citizens generally refer to disputes that arise between family members, neighbors, colleagues, residents, and villagers due to infringement of their legitimate rights and interests or disputes.
(2) Citizens and legal entities
The disputes between citizens and legal persons, as well as other social organizations, are very extensive. For example, disputes between rural villagers and rural cooperative organizations, economic organizations, and township enterprises over land contracts, agricultural industrialization services, division of homesteads, financial management, and other aspects.
(3) Enterprise employees
Disputes arising between employees of enterprises and their affiliated enterprises due to enterprise transformation, leasing, merger, bankruptcy, acquisition, transfer, or arrears of wages, medical expenses, etc.
(4) Other
Disputes arising between urban residents and urban municipal management organizations, construction units, enterprises and institutions due to urban street municipal construction, dangerous building renovation, etc.
Scope of non acceptance
Article 22 of the Several Provisions on People's Mediation Work
The People's Mediation Committee shall not accept mediation of the following disputes:
（1） Those that can only be handled by specialized agencies according to laws and regulations, or those that are prohibited by laws and regulations from using civilian mediation methods for resolution;
（2） People's courts, public security organs or other administrative organs have already accepted or resolved the case.
Mediation form:
Mediation form refers to the specific methods adopted by mediators in the process of mediating disputes. The commonly used mediation methods include individual mediation, joint mediation, direct mediation, indirect mediation, public mediation, non-public mediation, and joint mediation.
2. Court mediation
Court mediation is also called litigation mediation. It is a system used by parties to negotiate and resolve disputes, end litigation, safeguard their legitimate rights and interests, and conclude civil and economic dispute cases. Mediation in litigation is a legal action carried out by the people's court and the parties involved. Once the mediation agreement is confirmed by the court, it has legal effect.
According to the Civil Procedure Law of the People's Republic of China, in the trial of civil cases, the people's courts shall follow the principles of ascertaining facts, distinguishing right from wrong, voluntariness and legality. If mediation fails, timely judgments shall be made. Court mediation can be initiated by the application of the parties or by the people's court acting on its own initiative.
Court mediation is an agreement reached between two parties under the supervision of the judicial personnel of the people's court, which is the result of the combination of the judicial functions of the people's court and the disciplinary actions of the parties.
Principles of Court Mediation
(1) The principle of voluntary participation of the parties involved
Judicial mediation, whether it is the conduct of mediation activities or the formation of mediation agreements, should be based on the voluntary participation of the parties.
(2) The principle of identifying facts and distinguishing right from wrong
Court mediation should be carried out on the basis that the facts are basically clear and the rights and obligations between the parties are basically clear.
(3) Principle of legality
Court mediation must follow legal procedures in its procedures, and the resulting mediation agreement must not violate the principles of national laws and regulations.
3. The difference between people's mediation and court mediation
(1) People's mediation is the mediation under the auspices of civil mediation organizations, and court mediation is the mediation before and during litigation under the auspices of the organ with jurisdiction, so as to achieve the conclusion of the case and save litigation resources to the greatest extent.
(2) The biggest difference between the two is whether the mediation result has enforcement effect.
The mediation of the People's Mediation Committee is only an agreement that requires the other party to voluntarily perform, and does not have compulsory enforcement effect. It also needs to be re recognized by the court. The effective mediation agreement made by the people's court has the same legal effect as the court's judgment. For judgments with payment content, if one party fulfills its obligations, the other party may apply to the court for compulsory enforcement.
