I. Responsibilities and functions of mediation organizations
The mediation organization of Xi Gaoling District People's Court is mainly responsible for handling all kinds of civil disputes, including but not limited to contract disputes, marriage and family disputes, property disputes, etc. By listening to the statements and opinions of both parties, the mediation organization can deeply understand the case, help the parties analyze the advantages and disadvantages, and guide them to reach a settlement agreement. The mediation result of the mediation organization has legal effect, and the parties should consciously perform it.
Second, the advantages and characteristics of mediation organizations
Compared with litigation procedure, mediation organization has the advantages of simple procedure, low cost and high efficiency. Mediation organizations pay attention to protecting the legitimate rights and interests of the parties, respect the wishes of the parties, and resolve disputes through mediation, which is conducive to maintaining harmonious relations between the parties. In addition, the mediation organization is professional and neutral, and can handle all kinds of dispute cases fairly and fairly.
Three. Conditions and procedures for participating in mediation
If the parties need to apply for mediation to the mediation organization of the People's Court of Gaoling District, Xi, they must meet certain conditions, such as the parties voluntarily apply for mediation, and the case falls within the scope of acceptance of the mediation organization. The procedure of applying for mediation generally includes the steps of filing an application, providing relevant evidential materials, mediation organization accepting and arranging mediation. In the process of mediation, the parties shall truthfully state the case and abide by the mediation rules of the mediation organization.
Four. Implementation and supervision of mediation results
The mediation agreement reached by the mediation organization has legal effect, and the parties should consciously perform it. If one party fails to perform the mediation agreement, the other party may apply to the people's court for enforcement. At the same time, mediation organizations also accept social supervision to ensure the fairness, justice and efficiency of mediation work.
To sum up:
The mediation organization of Xi Gaoling District People's Court is the institution responsible for handling civil disputes. Resolving disputes through mediation has the advantages of simple procedure, low cost and high efficiency. If the parties need to apply for mediation, they must meet certain conditions and abide by relevant procedures. The agreement reached through mediation has legal effect, and the parties should consciously perform it. At the same time, mediation organizations accept social supervision to ensure the fairness, justice and efficiency of mediation work.
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.
People's Republic of China (PRC) Civil Procedure Law
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.
People's Republic of China (PRC) Civil Procedure Law
Article 97 provides that:
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.