Going to a multi mediation center needs materials
1. Civil indictment
2. The identity of the plaintiff
3. Evidence materials. For example, in case of private lending disputes, debit notes and transfer vouchers need to be uploaded; If it is a divorce dispute, you need to upload the marriage certificate; And so on
4. If there is no direct written evidence, it is necessary to upload the written printed version of telephone recording of both parties; Wechat chat, upload screenshots; If there are photos, upload photos and so on
to sum up, to bring a lawsuit to the people's court, we need to meet the conditions of the civil procere law and upload some necessary evidence materials. Your case has entered the court for multiple mediation, so you need to upload the above basic materials
come on! I wish you an early settlement of the dispute.
China's diversified dispute resolution mechanism can be divided into litigation and non litigation
First, the way of litigation is the court judgment Second, non litigation means include mediation (people's mediation, judicial mediation, administrative mediation), Party reconciliation, Administrative Award, administrative reconsideration, arbitration, letters and visits, etcthe diversified dispute resolution mechanism is compared with the traditional "unified" way of resolving contradictions. In short, because of the diversification of the main body, types and demands of the current contradictions and disputes, the ideas, methods, measures and ways of resolving contradictions and disputes should also be diversified
diversified dispute resolution mechanism refers to that in a society, litigation and non litigation dispute resolution form a complementary proceral system and dynamic operation adjustment system to meet the diverse needs of social subjects with their specific functions and characteristics
extended information:
mediation method
the mediator can mediate the dispute in a way that he thinks is beneficial for the parties to reach a settlement
this method includes but is not limited to: after the mediation procere begins, the mediator can meet the parties and their agents indivially or at the same time to mediate; If a mediator meets with one party alone, he may inform the other party of the circumstances of the meeting, unless otherwise required by the parties; Mediators can mediate disputes face to face or back to back
in the process of mediation, the mediator can ask the parties to put forward written or oral suggestions or plans; The mediator may, according to the specific circumstances of the case and with the consent of the parties concerned, employ relevant experts to provide advice or expert opinions on technical issues
The mediator can ask the parties to submit supplementary materials; In the process of mediation, the mediator can put forward suggestions to the parties to solve the dispute according to the known situation and the principle of fairness and rationalityafter mediation, the mediator can put forward the final proposal or scheme when the parties still cannot reach a settlement. Mediation shall be concted in the place where the mediation center is located. If the parties agree otherwise, it can be concted in other places with the consent of the mediation center or with the proposal of the mediation center and the unanimous consent of the parties
The expenses arising therefrom shall be borne by the parties concerned. If the parties reach a settlement agreement after mediation, the parties shall sign and / or seal the settlement agreement. At the request of the parties, the mediator may make a mediation agreement according to the content of the settlement agreement, and the mediator shall sign the mediation agreement and affix the seal of the mediation centerexcept for the purpose of execution or performance, the settlement agreement or mediation statement shall not be made public. When the two parties sign a settlement agreement, arbitration clauses can be added to the settlement agreement
then it is estimated that the other side has no chance of winning. Have you never been to a court session
you have not made it clear exactly what the specific problem is. What have to prapare? The evidence. Whether it's a court session or mediation, it's not evidence. It's important to have evidence in a civil lawsuit.
2. If it is a vehicle in the process of accident, the insurance policy will be cancelled
3. Materials claiming compensation for damages in the accident: invoices, maintenance bills and documents identifying losses for property losses; Personal injury materials include medical expense bills, hospitalization medical records, diagnosis certificate, work delay certificate, income certificate, tax payment certificate, transportation expense bills, nutrition expense bills, disability identification certificate, etc.
first, litigation means court judgment< Second, non litigation means include mediation (people's mediation, judicial mediation, administrative mediation), parties' reconciliation, Administrative Award, administrative reconsideration, arbitration, letters and visits, etc
the diversified dispute resolution mechanism is compared with the traditional "centralized" way of resolving conflicts. In short, because of the diversification of the main body, types and demands of the current contradictions and disputes, the ideas, methods, measures and ways of resolving contradictions and disputes should also be diversified. Diversified dispute resolution mechanism means that in a society, litigation and non litigation dispute resolution form a complementary procere system and dynamic operation adjustment system to meet the diverse needs of social subjects with their specific functions and characteristics.
the general requirements for the making of people's mediation documents are as follows:
1. Black or blue black carbon pen or pen should be used for the making of documents, so that they can be easily identified. Conditional people's mediation organizations should try their best to use computer printing
2. A4 paper is used for documents of the dossier, and kraft paper is used for front cover and back cover. The volume shall be bound neatly and marked with page numbers. After binding, the volume shall be bound with kraft paper of the same material
3. In principle, the binding sequence of the files is arranged according to the chronological order of the documents, which is generally as follows: the cover of the files, the directory of the files, the application for people's mediation, the mediation registration form for civil dispute acceptance, the evidence materials provided by the parties, the investigation records, the mediation records, the people's mediation agreement, the return visit records and the relevant vouchers, with reasonable changes allowed. This order should be clearly reflected in the contents of the volume
4. People's mediators and recorders of people's mediation organizations at all levels should strengthen the study of basic legal knowledge, graally master the use of legal norms, enhance the ability of accurate and standardized expression, and strive to continuously improve the standardization of document expression.
2. For some parties, the effect of oral persuasion ecation is not obvious. On the premise of not involving the privacy and secret of the third party, this paper introces the closed similar cases to the parties, and makes a serious analysis of the cases, so that the parties can deepen their understanding of the results of litigation if they do not accept mediation, and the human and material resources needed in the litigation. Urge the parties to choose the most favorable way to reach an agreement
3. For less complicated dispute cases, we should go straight to the subject. After the inquiry and investigation have come to an end and we have a clear understanding of the dispute, we should call the two parties to the dispute together to face each other. Uncover the contradiction and solve it on the spot
4. In the case of emotional opposition between the parties and poor mediation foundation, one party's mediation opinions can be separately conveyed to the other party to talk about the law, reason and listen to the opinions, so as to understand the real intention of the parties and master the mentality of the parties. 5. When the time for mediation is not ripe, it can be eased. First, settle down the emotions of both parties to the dispute, and then choose the right time to deal with it. Of course, easing the dispute is not to leave the dispute aside and wait for the opportunity to come, but to actively create conditions to meet the opportunity. But this must be because the dispute has been in a relatively stable state, and only when it is postponed can there be no major problems
6. Respect both parties. Through mediation and consultation, the two sides of the dispute should be guided to make concessions and reach an acceptable agreement. The key of this kind of mediation method is to find the appropriate point to coordinate the two sides of the dispute. The so-called moderate point is the minimum requirement for both parties to accept mediation. That is: according to the situation, according to the time, according to the place, flexible grasp
7. After the facts of the case and the intention of the parties to the application are clear, several different mediation schemes are provided for the parties to choose according to the specific circumstances of the case. When the parties are limited to cultural level and legal knowledge and other factors, they can not put forward better mediation methods to safeguard their own rights and interests, the key is to carry out it under the premise of fairness and justice. In addition, in the case where the wife's opinions are quite different, a more feasible and more acceptable scheme should be put forward based on the facts of the case
8 and mediation should not be limited by times. If the parties make a preliminary mediation opinion, if the differences are relatively large, they can give the parties the necessary consideration and consultation after understanding the time. Once again, mediation should be done, and mediation points in mediation should be patient and meticulous persuasion from the Perspective of the parties concerned. At the same time, we should solve some practical problems for them if possible.
good afternoon! First of all, I would like to thank the superior leaders for their love for our people's mediators in their busy schele. My name is XXX. I am a community people's mediator from * * town * * community of Xiang'an District. I have been engaged in people's mediation for ten years. In the past ten years, like other people's mediation comrades, the road of mediation was not smooth sailing at first, and it was full of difficulties and challenges everywhere. We should not only pull down the face to be a good man, but also maintain a calm and steady attitude. I often reflect on myself and tell myself that when I am at the grass-roots level and working in the people's mediation work, my first task is to investigate and deal with contradictions and disputes, which is to make positive contributions to maintaining the stability and harmony of the community. Therefore, I always firmly treat people's mediation as the top priority in my work and life, mediating nearly 100 conflicts and disputes in the community, and making every effort to effectively avoid the occurrence of civil to criminal cases and mass incidents. Today, I am very honored to take this opportunity to share with you my personal understanding and views on community people's mediation
the Chinese nation has a long history, rich cultural life and simple folk customs. Although the economic and social development is advancing by leaps and bounds, there are still many villagers with conservative ideas and weak legal awareness, especially for the elderly villagers. In case of conflicts and disputes, it is often difficult for both parties to sit down and negotiate peacefully. Instead, they take an extreme and impulsive way to ask their relatives and friends to come to help. Therefore, to properly solve rural conflicts and disputes, it is necessary to fight as fast, accurately and ruthlessly as the revolution. Small disputes should not stay overnight, and large disputes should be dealt with in a timely manner, so as to catch small ones early and plug loopholes
take this year's dispute for example, Peng Yilin and Peng Yijian in our village are old neighbors for decades. Peng built a shed to park his family's motorcycles in the east of his home. Peng thought that he occupied his homestead. Both sides held their own opinions and had a fierce quarrel. Later, both sides called their relatives and friends. There were many people and the quarrel became more and more fierce. A fight broke out immediately. It's quick, accurate and ruthless“ After learning this, I immediately put down my job and went to the scene. I know that if there is any delay, I'm afraid the situation will be out of control“ According to the information of interpersonal relationship recorded by the villagers who usually walk from door to door and learn more about each other, we can select the people who are able to talk between the two sides and have a strong voice, and make a breakthrough later“ They dare to look at them in anger and reprimand them for their mistakes. According to the slight easing of the situation, I immediately did patient ideological work for both parties, focusing on the law, the neighborhood affection and the legal proceres, looking for a balance between the two sides. After many visits, I finally successfully and properly resolved the dispute
later, after a successful mediation, I learned:
the most important thing to do is to visit frequently and know more
the key to diversified mediation and consultation is to find out early and handle accurately, so as to achieve high speed
the key to a successful solution is to pay a return visit afterwards, popularize and pass on the law, and make everyone abide by the law
to improve ability, it is important to sum up experience, find out omissions and achieve perfection
"it's a long way to go. I'll go up and down to seek help" and "sometimes I'll ride the wind and waves, and I'll sail straight to the sea". These two lines are poetic and thought-provoking. I also take them as my motto in mediation work. I always wake up and encourage myself. To go on the road of mediation and serve the people is to have the courage to face the bleak life, That is to work hard and try to give full play to their own value and live up to the expectations of the villagers
thank you!
