Beijing Divorce Lawyer again discusses the previous mediation procedure

A few days ago, the divorce lawyer had discussed the issue of "whether to accept pre -mediation procedures arranged by the court". Among them, the main reason for the court to establish pre -complaints for the court is to alleviate the trial pressure brought about by the increase in the number of cases. Of course, the operation of the system will also resolve some civil disputes, but this lawyer believes that the consideration of this factors is second. The main factor is to relieve the court's trial pressure. In previous articles, the lawyer once provided a consultation for a party to avoid the pre -complaint of mediation procedures, and suggested that the court notified the court to refuse to mediate. In order to force them to move the case to the trial court and enter the formal litigation procedure.

As a result, my party officially informed the court in a courier. Immediately afterwards, she found the mediation staff and urged him to transfer the case materials as soon as possible. The mediation agent's response was: "Since you don't agree with the mediation, I will transfer your case to the trial court. However, I have accumulated more than 2,000 cases here, so transfer it so fast. Go back and wait for the notice. ","

From the reply from this mediationman, you can get the following information:

1. The mediationman still wants to delay the case again. According to the experience of this divorce lawyer: At present, few parties can realize that the mediation before the complaint will often delay time, and it is not helpful to the resolution of their own cases, and then formally notified the court to refuse to mediate. Therefore, my party's approach is rare for the court. Since this is rare and has legal basis. The court should be taken seriously, and the case will be incorporated into the formal litigation procedure in a timely manner in accordance with the law, otherwise the court will face the risk of illegal. And the medievant even had a lot of cases, and it took time for the transfer to try to continue to delay, indicating that our approach failed to attract its due attention.

According to the provisions of the Civil Procedure Law of my country: "People's Court shall guarantee the right to prosecution in accordance with the law. The prosecution that complies with Article 119 of the Law must be accepted. If the prosecution conditions are met, the case shall be established within seven days. And notify the parties ... "According to this regulation, it can be seen that after receiving the prosecution materials submitted by the plaintiff, the court must make a decision to file a case within seven days. After deciding the case, the case was officially entered into the lawsuit. Otherwise, like the case of the parties, they will still "turn around." Given that the parties have clearly stated that they have refused to mediate, the court's pre -mediation procedure should end immediately. Now that the previous mediation procedure has ended and the court received the prosecution material, according to the above laws, the court should decide whether to file a case within seven days. How could the mediation staff notify the parties in the reason for "the backlog of more than 2,000 cases and the transfer procedure will not be quickly transferred to the lawsuit? Once it exceeds seven days, my parties can hold the courier order and the pre -complaint materials issued by the court previously received to question whether the court's approach is illegal. This is evidence to prove it. Therefore, it is better to think that the court is better to cause serious treatment.

Immediately afterwards, this lawyer consulted some regulations on the mediation of the Beijing area on pre -laws. Among them, the specific time limit for transferring the trial court after the parties refused to mediate. It is just a general statement that "the trial will be tried in time." Since there is no specific regulations for reference, the marriage lawyer believes that the seven days stipulated in the Civil Procedure Law of the People's Republic of China are the most reliable. Because this is the law of the country. Compared with local regulations, its effectiveness is undoubtedly high.

In view of this, the lawyer suggested that the party clarified the interest relationship to the mediation person and negotiated the issue with the case.

2. In the mediation process, more than 2,000 cases in the mediation process can indicate that the system has an immediate effect on alleviating the pressure on the court's trial. Regarding this, this lawyer does not have to say anything, the numbers are there, everyone understands at a glance?

Copyright is a Beijing marriage lawyer, welcome to consult with marriage lawyers, Beijing divorce lawyer-Beijing's most professional divorce lawyer http://www.bjlihun.com

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