Hangzhou Intermediate People's Court and Hangzhou Municipal Bureau of Justice signed a cooperation framework agreement on "* * * promoting the construction of diversified dispute resolution mechanism". In addition to giving play to the role of people's mediation as the "first line of defense", Hangzhou will also set up lawyers and notarial mediation rooms in qualified grass-roots courts, and arrange senior lawyers or outstanding notaries who have been practicing for more than 8 years to serve as mediators, fully participate in the docking of complaints and mediation, and engage in professional contradictions and disputes mediation.
It is reported that the Hangzhou Fahe Mediation Center (hereinafter referred to as Fahe) under the Hangzhou Lawyers Association, as a special mediation organization of the Hangzhou Intermediate People's Court, has set up a lawyer mediation studio in qualified grass-roots courts, and the first batch of 80 senior lawyers have been hired as mediators to carry out mediation work. Xia Qiang, vice president of the First People's Court of Hangzhou Intermediate People's Court, said that except for major and sensitive cases, which are found not to meet the acceptance conditions after preliminary examination and may be suspected of false litigation or criminal offences, the parties applying for property preservation should be tried by special procedures, or cases where the whereabouts of the parties are unknown, other civil cases can generally be mediated by lawyers.
As a special mediation organization of Hangzhou Intermediate People's Court, the Mediation Committee of Hangzhou Notary Association set up a notary mediation room in the court and sent special personnel to the notary mediation room. General cases of notarization and mediation are mainly family disputes such as marriage, maintenance, inheritance analysis, adoption and commercial disputes with simple legal relationship and clear legal facts.
If a mediation agreement is reached through the mediation of a lawyer, Fahe shall make a Letter of Closing the Case in time and feed back the handling of the case to the court litigation service center. If a mediation agreement is reached through notarization or mediation, if the parties choose to notarize or fix the mediation result, they may apply for withdrawal of the lawsuit. If the mediation is unsuccessful, the mediation is terminated and the file is returned to the court.
In terms of fees, during the one-year trial period, the case reached through mediation will not be charged any fees; After the probation period expires, you can apply to the relevant departments for a fee lower than the statutory fee in accordance with relevant regulations. In terms of notarization mediation, those who enter the notarization procedure will be charged a notarization fee according to the notarization fee standard; If the mediation is unsuccessful, the notary office will not charge. Fees are not for profit, but mainly to ensure the normal operation of institutions.
At present, Hangzhou Xiacheng District Court and Binjiang District Court have conducted notarization mediation and lawyer mediation respectively. It is understood that 80 cases in Binjiang Court have been mediated by lawyers, 8 of which have been successfully mediated.