Inviting mediation can effectively integrate social dispute resolution resources and optimize the allocation of judicial resources. The people's court diverts disputes by leading litigation, diverting cases and connecting procedures, and introduces appropriate cases into mediation procedures to solve them, which not only provides a convenient channel for disputes to be transferred from litigation to mediation, but also diverts some cases. Moreover, resolving disputes before litigation can not only reduce the litigation burden of the parties, but also effectively save judicial costs, rationally allocate judicial resources, so that difficult and complicated cases entering the litigation process can be seriously tried by professional judges, and achieve the purpose of "separating complexity from simplicity, docking litigation with non-docking, quick trial of simple cases and careful trial of complex cases". At the same time, through the docking of litigation and mediation, the functions of judicial dispute resolution and judicial service are extended to meet the people's multi-level, multi-channel, low-cost and efficient dispute resolution needs to the greatest extent.
Inviting mediation shall follow the following principles:
The first is the principle of equality and voluntariness. In the process of mediation, the parties enjoy equal status, exercise their rights and perform their obligations equally, and no one enjoys privileges. The principle of voluntariness of the parties is embodied in three aspects: voluntary choice of specially invited mediation, which the court may not force. Selecting mediators through independent consultation includes selecting two or more mediators through consultation. If negotiation fails, it may be designated by the people's court or mediation organization. If a mediation agreement is reached voluntarily, the mediator has the right to dispose of his own rights and interests independently, and the mediator shall not force mediation.
The second is the principle of respecting the litigation rights of the parties. Mediation and litigation have their own advantages and disadvantages, and it is the right of the parties to choose which way to solve the dispute. Inviting mediation does not mean that all disputes entering the court should be mediated, but only those disputes that are suitable for mediation and the parties are willing. For those who insist on litigation, the court should register and file a case or hold a hearing in time to protect the parties' right to appeal.
Third, it does not violate the prohibitive provisions of laws and regulations. Inviting mediation should be carried out within the framework stipulated by law, and mediation should not be illegal. Mediation according to law includes both procedural legitimacy and substantive legitimacy. Fourth, it does not harm national interests, social public interests and the legitimate rights and interests of others. Mediators should pay attention to the rights and interests of other interested parties in the process of mediation, and promptly notify the interested parties to participate in mediation. In the process of mediation, we also need to pay attention to the examination of false mediation and false litigation. The fifth is the principle of confidentiality. The principle of confidentiality is an international general rule of mediation system and an important factor in the development of mediation system. It is precisely because of the principle of confidentiality that the parties are willing to disclose the bottom line to the mediator in the mediation process and establish trust in the mediator.
The principle of confidentiality is embodied in three aspects in specially invited mediation:
First, the mediation process is not open. This is in stark contrast to the openness of the trial in litigation. Unless the parties request or agree to make it public. Second, the contents of the mediation agreement are not public. Protect the basic information of the parties to the maximum extent, especially after the judgment documents are published online, the non-disclosure of mediation agreements has become an important reason for many parties to choose mediation to resolve disputes.
Second, the people's courts, specially invited mediation organizations and specially invited mediators should keep the information obtained in the mediation process confidential.
legal ground
Article 1 of the Supreme People's Court's Provisions on Invited Mediation by People's Courts refers to the mediation activities in which the people's courts employ qualified mediation organizations or individuals such as people's mediation, administrative mediation, commercial mediation, industry mediation, etc. to become invited mediation organizations or invited mediators, accept the appointment of the people's courts before filing a case or entrust them to mediate according to law after filing a case, so as to urge the parties to reach a mediation agreement and resolve disputes on the basis of equal consultation.