How divorce mediation room is the same as fortune telling _ mediation divorce

The mediator in the divorce filing room of the court. Is he the judge in court?

Is the court mediator a judge?

According to the provisions of China's Civil Procedure Law, when the court mediates a case, the mediator is the judge of the court, and mediation can be presided over by the judge or the collegiate bench.

People's Republic of China (PRC) Civil Procedure Law

Article 93 In trying civil cases, the people's courts should distinguish right from wrong and mediate on the basis of clear facts.

Article 94 Mediation by a people's court may be presided over by a single 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 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.

Article 96 To reach an agreement through mediation, both parties must be voluntary, and no coercion is allowed. The contents of the mediation agreement shall not violate the law.

Three processes of divorce mediation

The first stage: pre-litigation mediation

Mediation before litigation, as its name implies, is mediation before litigation. Specifically, when you make up your mind to file a divorce lawsuit in court, the court will not immediately file a case, but will accept your prosecution materials, give you a list of the materials received, and inform you whether you can successfully file a case within 45 days. The working procedure of the court here is to distribute the collected filing materials directly to the case-handling judge, who will contact the defendant first to confirm whether the defendant's address and identity are correct. Then, he will inform both parties to go to the court for pre-litigation mediation under the auspices of the judge. The whole pre-litigation mediation process is similar to court conversation. The judge will ask about the basic situation of both parties, the reasons for divorce, and the basic situation of husband and wife's property, and whether this is the first lawsuit. If the court can mediate the divorce, it will issue a bill to pay the court's legal fees, so that the parties can issue a mediation book to dissolve the marriage relationship after paying the legal fees. If mediation is conducted in the court, the filing materials will be returned without any charge. If the mediation fails, the court will also issue a bill to the plaintiff to pay the legal fees, so that the plaintiff can pay the relevant fees in advance, and the case is regarded as winning. In Beijing, it is the Haidian District People's Court that conducts pre-litigation mediation. For divorce cases, in principle, pre-litigation mediation will be conducted, and other courts are more likely to conduct pre-litigation mediation.

The second stage: pre-trial mediation

Pre-trial mediation means that after a case is successfully filed, before a formal hearing, the presiding judge will generally summon the other party to court for mediation under the auspices of the judge. Pre-trial mediation is the implementation of the principle of divorce mediation stipulated in the Civil Procedure Law. Before the trial, the court hoped that through the patient persuasion of the judge, the contradictions between the two sides could be resolved, and they could be friendly and reconciled or break up. Most courts generally seek the opinions of both parties for pre-trial mediation. If one party makes it clear that it is unwilling to accept mediation, then the judge will omit this link and go directly to the trial procedure.

The third stage: litigation mediation

For the first divorce case, if there is no legal reason for divorce, the court will focus on mediation and good work. In the case that the defendant does not agree to divorce, he can work for the plaintiff as soon as he comes up, mobilize to withdraw the lawsuit, and give the other party another chance. If the other party agrees to divorce, then the judge will not continue to delve into the emotional part, but directly enter into substantive issues such as child support and property division.

The judge in divorce cases will make mediation arrangements according to the different circumstances of the case. Most judges will choose mediation after the original application, the defendant's defense and the exchange of evidence are completed. The advantage of this is that at this time, not only the judge has a general understanding of the case, but also the parties have a correct estimate of their own strength through the contest of cross-examination, and may make appropriate concessions to the conditions that they refused to give up before. Under the proper guidance of the judge, it is easier to reach mediation.

It is worth reminding that sometimes the judge decides to hold his breath in order to close the case, leaving the parties in a "prisoner's dilemma" and making unfair concessions. Therefore, in divorce proceedings, if the parties hire a lawyer, they must listen to the lawyer's opinion; If you don't hire a lawyer, you must be clear about the purpose of your lawsuit. What is the bottom line? It is wise to stick to your principles and make concessions within your tolerance.