The parties to a civil dispute voluntarily apply to the mediation committee (simple oral application). When submitting an application, the applicant shall submit evidence and materials related to the disputed case to the mediation committee.

2. accept.

The mediation committee shall, in accordance with the relevant provisions, review the disputes applied for mediation, make a decision on whether to accept them or not, and inform the parties concerned.

3. investigation.

The mediation committee shall make necessary investigations on the facts of the accepted dispute. The survey adopted:

(1) Listen to the statements of both parties to the dispute;

(2) Visit the insiders and the surrounding people to understand and verify the disputed facts;

(3) On-site investigation and evidence collection, and when necessary, inform the parties to apply for a special organ to make an appraisal certificate on the relevant situation;

④ Analyze and verify the evidence materials submitted by the parties.

4. Mediation.

The mediation committee shall determine the time for mediation, notify both parties to the dispute to convene and preside over the dispute mediation. On the basis of finding out the facts of the dispute, the mediator mediates the dispute according to laws, regulations, rules, policies and socialist ethics, guides both parties to the dispute to eliminate contradictions, resolves the dispute on the principle of mutual understanding, mutual accommodation, voluntariness and equality and reaches an agreement.

5. Close the case.

After one or more mediations, the mediation committee can generally announce the end of mediation within one month according to the specific circumstances, and make the following treatments according to the mediation results:

(1) If mediation fails, inform both parties to the dispute that they can apply to other relevant departments of the original dispute for handling, or directly bring a lawsuit to the people's court;

(2) After mediation, if both parties to the dispute reach an agreement, in addition to a simple agreement that can be performed immediately, a people's mediation agreement shall be made for those with civil rights and obligations, or if the parties request a written mediation agreement, and the mediator thinks that a written mediation agreement should be made.

6. performance

The parties to the dispute shall consciously perform the people's mediation agreement;

(two) if the parties fail to perform the mediation agreement or repent after reaching an agreement, the mediation committee shall handle it in accordance with the provisions of Article 37 of the Several Provisions on People's Mediation.

7. pay a return visit.

Mediators pay a timely return visit to the implementation of the mediation agreement, do a good job of persuasion in time when problems are found, and make specific treatment according to the provisions of Article 37 of the Several Provisions on People's Mediation.

Extended data:

First, the legal basis of administrative mediation:

1. Article 50 of the Regulations on the Implementation of the Administrative Reconsideration Law of People's Republic of China (PRC) has one of the following circumstances, and the administrative reconsideration organ may conduct mediation in accordance with the principle of voluntariness and legality: if a citizen, legal person or other organization refuses to accept a specific administrative act made by the administrative organ in exercising its discretion as prescribed by laws and regulations, it applies for administrative reconsideration.

2. Administrative Mediation Work System of the Audit Office of the Autonomous Region (for Trial Implementation) (2) List of administrative mediation matters undertaken by the Audit Office of the Autonomous Region.

(1) If a citizen, legal person or other organization refuses to accept a specific administrative act made by an auditing organ at the same level, causing an administrative ruling or administrative reconsideration, the ruling and reconsideration organ shall mediate first, and the mediation agency of this organ shall be responsible for mediation.

(2) Other audit disputes that can be administratively mediated according to laws and regulations.

Second, the problems existing in grass-roots administrative mediation work:

1, the understanding of the importance of administrative mediation is not unified enough.

Although various provinces, cities and counties have successively issued opinions or measures to strengthen administrative mediation and set up leading groups, a few administrative organs think that their work is management, execution and service, and there are not many disputes in their competent fields, and administrative mediation is just a decoration.

Some administrative areas are controversial, involving a wide range and difficult to deal with. Therefore, some disputes involving administrative powers that should have been mediated are unwilling to come forward for mediation and tend to be resolved through litigation channels. Some people can't afford manpower, material resources and energy. Many reasons lead to poor administrative mediation effect and low success rate, and the parties are dissatisfied and retreat.

2. The scope of application of administrative mediation is vague.

The definition of "civil disputes involving administrative powers and discretionary administrative disputes" in local government normative documents is difficult to distinguish from people's mediation and judicial mediation in practice, which leads to vague understanding, unclear thinking, irregular work, difficult effectiveness and even negative treatment of staff.

In addition, due to the lack of in-depth and extensive propaganda work, the masses still lack understanding of administrative mediation, which leads to its lack of mass base. At the same time, the incentive and accountability mechanism of the mediation subject is not perfect, and active mediation is a mere formality.

3. The construction of administrative mediation team is weak.

At present, people engaged in administrative mediation are often internal functional departments or temporary administrative mediation groups organized by functional departments, and most of the members are from administrative organs. The quality of their personnel is uneven, and few people are proficient in the law and provide efficient and high-quality services. The working ability of administrative mediators needs to be improved.

4. The administrative mediation system is not perfect.

For the grassroots, administrative mediation is a new system. The relevant systems of administrative mediation, such as mediator's code of conduct, mediation workflow, joint meeting, joint mediation, supervision and supervision, mediator training and accountability, are still not perfect, and there is a lack of standardization in mediation scope, personnel selection, job responsibilities and appointment.

It is inevitable that mediation is not standardized in the work, such as no time limit, arbitrariness, hasty action by staff and mutual shirking.

5. The administrative mediation agreement lacks legal effect.

At present, there are no laws and regulations related to administrative mediation in China, and the effectiveness of administrative mediation agreements needs to be strengthened.

The mediation agreement reached by administrative mediation mainly depends on the conscious performance of the parties. After mediation, if the parties go back on their words or refuse to perform the mediation agreement, they can only solve it by filing a civil lawsuit. The mediation organ cannot enforce the mediation agreement, and the parties need not bear any legal responsibility for violating the reached mediation agreement.

This lack of mediation effectiveness leads the parties to lack confidence in administrative mediation and are unwilling to waste too much time on administrative mediation.

Third, the countermeasures to promote administrative mediation:

1, expanding the scope of administrative mediation.

The openness of administrative mediation requires that its scope should be broad, including not only civil disputes related to personal and property, but also some administrative disputes (such as disputes caused by administrative compensation), and disputes caused by administrative discretion should also be included in its mediation scope.

General social disputes can be included in the scope of administrative mediation, except those that conflict with legal provisions or involve the interests of third parties who disagree with mediation.

2. Improve the level of resolving contradictions and disputes.

The working ability of the administrative mediation team determines the efficiency of resolving social contradictions and disputes. Therefore, administrative mediators must have specialized legal knowledge or rich social experience, and township mediators should take regular and irregular centralized study and training, focusing on training related knowledge and content such as contradictions and disputes that affect social stability.

Make full use of radio, television, newspapers, internet and other media to publicize the contents, procedures and practices of administrative mediation, so that more people can understand, support, master and use administrative mediation as a dispute resolution method, improve the administrative organs' awareness of administrative mediation, and enhance the people's trust in administrative mediation.

3. Actively explore ways of administrative mediation.

Administrative mediation runs through the whole process of administrative licensing, administrative law enforcement supervision and service before, during and after. It is classified according to the category, difficulty and geographical jurisdiction of administrative mediation demands, and various mediation methods such as classification, cutting-edge, initiative and three-dimensional are adopted to promote the rapid and orderly conduct of administrative mediation.

One is on-site mediation. For general contradictions and disputes, mediators will conduct on-site guidance, analysis, mediation and resolution.

The second is joint mediation. Contradictions and disputes are complex and need professional technical analysis or legal expert judgment from multiple industries. The local government shall coordinate and organize relevant functional departments to discuss, negotiate and mediate.

The third is litigation mediation. If the relevant laws and regulations clearly stipulate or major and special matters are temporarily unsuitable for mediation, the parties shall be guided to file a lawsuit for mediation.

4. Further improve the mediation mechanism.

First, the system of linking administrative mediation with people's mediation and the way of linking administrative mediation with litigation departments should be implemented to integrate mediation work.

The second is to improve the alarm mechanism for directly accepting contradictions and disputes through windows or telephones, simplify procedures, and maximize the absorption of contradictions and disputes.

The third is to implement the system of case supervision, case file evaluation and situation reporting, and supervise and inspect the effectiveness of resolving contradictions and disputes.

Fourth, emergency plans should be launched in time for emergencies and sudden contradictions and disputes, and professional conflict mediators should be quickly arranged to fully intervene in mediation to prevent further deterioration of contradictions.

Fifth, combining the successful cases and difficult cases of contradictions and disputes mediation, professional and experienced mediators and legal experts are invited to give professional guidance and legal lectures to improve the ability of grassroots administrative mediators to solve contradictions and disputes.

References:

Baidu encyclopedia-administrative mediation