Pre-trial mediation means that after one party files a lawsuit with the people's court, the court, after examination, finds that the facts are clear, the evidence is sufficient, and the rights and obligations are clear. Without entering the lawsuit, the two parties are called to mediate, so that the two parties can understand each other and reach an agreement. As early as the mid-1980s, there was a mediation center in Shenzhen Special Economic Zone. The Shenzhen Municipal Court specially organized a group of veteran comrades with trial experience to set up an economic dispute mediation center to settle economic disputes ranging from hundreds of thousands to millions in less than a few hours, so that courts all over the country later took effect. Pre-trial mediation has more advantages than mediation in litigation. Practice has proved that this method is effective. However, when using this method, a few people did not grasp it well, which made the contradictions in some cases not be solved well, but intensified them. Finally, they had to deal with them according to the trial procedure, leaving hidden dangers for the handling of cases. On how to improve the success rate of pre-trial mediation and solve the case dispute once and for all. The author talks about some experiences and exchanges with colleagues on how to implement pre-trial mediation in civil trial practice to handle civil cases and achieve the conclusion of the case: First, the lawsuit is adjusted in one step. After the parties bring a lawsuit, the judges should carefully examine the relevant materials to see whether the facts are clear, whether the evidence is sufficient and whether the rights and obligations are clear, which are the basis and foundation for doing a good job in mediation. With the basis and foundation of mediation, mediation begins. Second, on-site service, on-site mediation. At present, some people, especially enterprises, are still reluctant to go to court. First, they are afraid of affecting the feelings of both parties, second, they are afraid of losing the market, and third, they are afraid of consuming manpower and financial resources. After going to court in different places for more than ten days, some people can't settle the case for several months and a half, and sometimes they can't get money after closing the case, which wastes people and money. Pre-litigation mediation, the judge and the plaintiff take the initiative to go to the defendant's place to negotiate calmly, and through the patience of the judge to do the work of the parties, the two sides understand each other and reach an agreement. Short time, good effect, neither hurting feelings nor affecting the normal business activities of both parties, and the parties are willing to accept it. Three, high efficiency, fast pace, a pole inserted in the end, that is, mediation of disputes to solve the problem at one time. First, we should solve substantive problems, and second, mediation should be done in one step. Mediation method: (1) There should be no gap in time, and efficiency should be emphasized. If mediation fails once, it will lead to big sleep if the parties are allowed to think for a long time. Some parties are not aiming at solving the problem, but are trying to pull relationships, intercede and even obstruct; Some parties originally wanted to solve the problem, but because others provoked and made things difficult, they deliberately put the problem aside or forced the other party to make concessions; Some parties find agents, take advantage of the loopholes in the law, find fault, prevaricate with various excuses, and are unwilling to fulfill their obligations. Of course, it is the legitimate right of the parties to find an agent, and some disputes can be solved quickly with an agent, but some are counterproductive, and the disputes are not solved, but they are getting more and more exciting. Because agents are always looking for various reasons to defend the parties, some even ignore the law and the solution of the problem, and deliberately confuse the water; Some parties left in order to avoid debts and legal sanctions, which undoubtedly brought great trouble to handling disputes. When mediating, you can't "let the tiger go back to the mountain", but you should continue to fight in one go. (2) After reaching an agreement through mediation, a mediation document should be made immediately and delivered in person for both parties to sign. Article 89 of the Civil Procedure Law stipulates that the conciliation statement shall have legal effect after being signed by both parties, and the case shall be closed. If the mediation agreement is reached and the mediation document is not delivered in time, one party will go back on his word once he has other ideas, so that the mediation will be wasted. The people's court can make a simple conciliation statement in a unified format in advance, and only need to fill in the name, address, cause of action and rights and obligations of the parties. This method is very good, simple and convenient, and is conducive to closing the case in time. Fourth, the combination of principle and flexibility should follow the principles of court mediation, one is voluntary, and the other is legal. Article 88 of the Civil Procedure Law stipulates: "To reach an agreement through mediation, both parties must be willing and not forced". The court must fully implement this principle in mediation. The voluntary principle of the parties mainly includes two meanings, namely, voluntary in procedural sense and voluntary in substantive sense. Voluntary in the procedural sense means that the parties take the initiative to apply to the people's court for mediation to solve their disputes, or agree to the people's court to do mediation for them to solve their disputes. Judging from judicial practice, most parties are willing to settle disputes by mediation. The reason is mainly based on the advantages of mediation. Those who agree to settle disputes by mediation should do it boldly without hesitation, and those who don't want to do it should try their best to strive for mediation. Of course, they should not "muddle along" or force them to "reach an agreement" for mediation. Voluntariness in the substantive sense is an agreement reached by the parties through mediation by the people's court, which must be the result of mutual understanding and mutual accommodation and self-negotiation. Judging from the trial practice, when the court mediates, the judges have to do a lot of compromise work to make the parties accept it. This practice is desirable and effective for handling disputes. In fact, most mediation agreements are the result of compromise by the judges. Finally, with the consent of the parties, after both parties sign, they should be regarded as the true intention of both parties. If the parties refuse to sign, the mediation is unsuccessful. Therefore, no matter what way the court mediates, the agreement reached must be the result of the true intention of both parties. Article 88 of the Civil Procedure Law also stipulates that the contents of the mediation agreement shall not violate the law. Is the principle of legality. The principle of legality also includes two meanings. First, the people's court must comply with the provisions of the procedural law when doing mediation work; Second, the agreement reached by the parties must comply with the provisions of relevant civil policies and laws, and shall not harm the legitimate rights and interests of the state, the collective and others. Judging from the trial practice, there are some problems in handling cases by mediation at present. (1) is to engage in mediation with partial hearing and partial trust, and only pay attention to the interests of the plaintiff and ignore the legitimate rights and interests of the defendant; (2) In order to reach an agreement through mediation, the plaintiff was asked to make concessions without principle; (3) it is illegal mediation, which suppresses the parties to accept the court's claims and agrees if they disagree. Mediation has become a judgment. These are contrary to the provisions of civil law, and court mediation must be done in strict accordance with the provisions of the Civil Procedure Law. For example, inform both parties of their litigation rights, handle disputes by mediation, or according to litigation procedures, mediate in litigation, and have the right to entrust others to debate. Just because it is a pre-trial mediation, everything should be simple, so that the parties should not know their rights. Mediation is a way to solve civil disputes, and pre-trial mediation is an efficient and fast-paced trial method. How to achieve high efficiency, we adopt certain flexibility on the basis of voluntariness and legality. One is to cut to the chase, and the other is to avoid the virtual reality. The so-called straight to the point is to avoid side issues. The essential problem to be solved in civil disputes is the relationship between rights and obligations. That is, who enjoys the rights and who assumes the obligations. Such as debt disputes, is to grasp two problems, one is whether the creditor's rights and debts exist, and the other is how to repay them! Let the parties negotiate. The so-called avoidance of emptiness means putting aside side issues and grasping the main issues, and the side issues that are not conducive to mediation should not be entangled. If the parties make excessive demands, excessive or even unreasonable words, the judges should stop them in time, so as not to intensify contradictions and be unfavorable to mediation. In addition, the parties, especially the plaintiff, are encouraged to make concessions, reduce or give up some claims, so as to promote the settlement of disputes as much as possible. Positive education, side breakthrough simultaneously. Positive education is the main effective way of mediation. From the perspective of trial practice, we should pay special attention to the following aspects. (1) Do a good job in non-responsibility education. The facts of the case are the basis for persuading and educating the parties and doing a good job in mediation. Evidence is the basis for finalizing the case, and responsibility for right and wrong is the premise and key to resolving the dispute. Only when the facts are clear and the evidence is sufficient can we distinguish right from wrong and clarify the responsibilities of the parties and finally convince the parties. To educate the parties about right and wrong responsibility is to make a concrete and realistic analysis according to the facts of the case and the causes of disputes, to clarify the right and wrong responsibilities of the parties, to guide them to correctly understand their own shortcomings, mistakes and responsibilities, and to lay a good foundation for the mediation of disputes. (2) Grasp the policy and legal disclosure. Legal policy is a quasi-fly in dealing with disputes. To do a good job in legal policy education is to explain the relevant legal policies and regulations to the parties seriously, patiently and comprehensively in combination with the facts, evidence and right and wrong responsibilities of specific cases, even more than once, but more than once, to explain the national policies and laws word by word, and to guide the parties' ideological understanding to the principles of legal policies and regulations, so that they can compare their right and wrong responsibilities with legal policies in mediation and make clear how much responsibility they should bear. (3) Do a good job in unity education. When presiding over mediation, judges must pay attention to controlling the situation of mediation, stop the excessive words of the parties, educate the parties to give and understand each other, and proceed with the purpose of solving problems, try to minimize the major issues and minimize the contradictions step by step. Lateral breakthrough is an effective auxiliary mediation method. (1) is enough legal policy. Article 92 of the Civil Procedure Law stipulates that "the people's court may, on the application of the other party, make a ruling on property preservation in cases where the judgment cannot be executed or is difficult to be executed due to the behavior of one party or other reasons. If the party fails to file a Qing Shen, the people's court may also rule to take property preservation measures when necessary. When the people's court takes property preservation measures, it may order the applicant to provide a guarantee; If the applicant fails to provide guarantee, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; If it is decided to take property preservation measures, it shall be implemented immediately. " The people's court may take property preservation measures after the parties bring a lawsuit, or even before the lawsuit. In the trial practice, it is found that some debtors are often elusive to avoid debts, so that creditors can't find anyone. In order to escape legal sanctions, some take away bank deposits and transfer movable property immediately after the indictment is served by the court. In order to handle the case smoothly, it is necessary to take property preservation measures. Seal up relevant property, detain relevant articles and freeze bank deposits. The use of this legal means, whether it is pre-trial mediation, or later into the trial process, plays an insurance role. This is also the "upper sword" given to the court by law; (2) It is good at grasping "small arguments" and finding flaws, such as fraudulent behaviors of the parties, contract defects and illegal places, so that the parties can truly realize their mistakes. The third is the policy of disclosure. If the parties really don't want to mediate, they should be informed of the principles and methods of handling the case according to the trial procedure, and they should also be informed of their intentional opinions on handling the case, so that the parties can know fairly well. In the case of comparing mediation and judgment, mediation is likely to be chosen.