Ningbo has not received the notice of litigation mediation how to do

After filing or receiving civil lawsuits such as divorce in Ningbo, some people delayed waiting for the mediation notice and wondered in their hearts: has the case been established or not? Did the mediator find me? Will you miss any deadline? The conclusion starts with: the mediation center before litigation will generally contact the parties through various channels-online service platform station push, SMS, telephone, mail materials, as long as the contact information left is valid, usually will not be missed; No notice has been received. The most common reason is that mediation is still on schedule, the other party cannot be contacted or the address is wrong. It is suggested to inquire about the case status through filing channels instead of doing so. At the same time, it is important to pay attention to the signing and verification of the Confirmation of Service Address-once signed, subsequent service according to the address will have legal effect, and missing the trial may face a default judgment.

How 1. Mediation Centers Contact Parties: Four Channels of Service

after receiving the case, the pre-litigation mediation center will generally use the following methods to contact the parties:

1. online service platform station push: Zhejiang courts rely on the "People's Court Online Service (Zhejiang)" WeChat applet (formerly Zhejiang Mobile Micro Court) to push case progress, mediation notices and documents, which can be viewed after binding the case.
2. SMS: Send mediation notices and court reminders by SMS, which is the most common and basic way to reach.
3. Telephone contact: mediator or clerk telephone communication mediation will, coordination time.
4. Sending materials: mail the mediation notice, copy of the complaint and other written materials, according to the service address confirmed by the parties.

Sending materials is most likely to cause problems: many cases only provide the household registration address when filing, the defendant's actual residence address is unclear or the number has been changed, and the materials are difficult to deliver. Therefore, when filing a case, truthfully fill in the actual residential address, commonly used telephone number, and keep the number unblocked, is to avoid "not receiving notice" the first insurance.

2. haven't received the notice, what is the general reason?

There are usually three possibilities for not receiving a notice of mediation:

1. mediation is still scheduled: the mediator has just taken over the case and is arranging time or contacting the other party in advance, and the notice has not yet been issued. The proportion of family disputes resolved in the pre-litigation mediation stage is relatively high. Ningbo court mediators need time to schedule and do not have to give up mediation in a hurry.
2. The contact information is invalid: the phone number is changed, the short message is blocked, the address is wrong or no one signs for it, resulting in the notification not arriving.
3. Abnormal state of the case: incomplete materials have been returned for supplement, jurisdictional objections have been handled moderately, and the case has not yet entered mediation or filing procedures.

Active inquiry: check the progress of the case binding through the "People's Court Online Service (Zhejiang)" applet; Call the case-filing division of the accepting court or the litigation and transfer docking center for telephone inquiries; If necessary, entrust an agent to follow up on his behalf. If there is no progress for a long time, the court can be asked in writing or by telephone to clarify the stage of the case to prevent the case from being "pending".

The process and time limit of mediation before 3. litigation: a clear idea.

Only by understanding the general process of mediation before litigation can we judge "how long is normal to wait":

1. appointed mediator: After receiving the case materials transferred by the people's court, the litigation and mediation docking center generally appoints one or more mediators to mediate within three days; before the mediation starts, the parties fill in the mediation application.
2. Mediation period: the mediation period before litigation is generally 30 days, starting from the date when the private prosecution mediation docking center or mediator signs and receives the materials handed over by the court; if both parties agree to extend the mediation period, it may be extended, and the maximum is generally not more than 60 days.
3. Termination of mediation: if no mediation agreement is reached at the expiration of the time limit and no extension is agreed, or if the parties clearly express their disagreement to continue mediation during the mediation period, the mediation procedure shall be terminated and the case shall be transferred to the case for trial.
4. Judicial confirmation: If the mediation agreement is reached and the content needs to be implemented, the two parties may jointly apply for judicial confirmation to the basic people's court or people's court where the mediation organization is located within 30 days from the effective date of the mediation agreement; the court generally decides whether to accept it within three days, And make a decision on whether to confirm within 15 days from the date of acceptance. Immediate settlement or no implementation of the content, can no longer file.

In contrast to the above-mentioned time limit, if your case has not made any progress or reply for more than two months, you should take the initiative to ask the court and, if necessary, request to be transferred to the case for trial, so as to avoid waiting indefinitely. It should be noted that after a case that fails mediation is transferred to the case, the plaintiff shall pay the case acceptance fee in advance within seven days from the day after receiving the notice of payment of the litigation fee by the court. If the case fails to pay within the time limit and does not apply for deferment, reduction or exemption, the case shall be treated as withdrawal-if you have decided to divorce the lawsuit, do not cause the procedure to be idle due to omission of the payment of the litigation fee.

4. "Confirmation of Service Address": the page that is most easily overlooked and has the heaviest consequences.

Regardless of the mediation or trial stage, the "Confirmation of Address for Service" is one of the documents that the court must require to sign, and its legal consequences far exceed most people's cognition:

1. signing confirms the validity of the address of service: once signed, the court will be deemed to have effectively delivered the documents sent by the court according to the address. If you cannot be contacted according to the confirmation content, the court may make a default judgment without having to announce the service.
2. The logic is "known" as long as the court finds you once by any means and lets you sign the paper or electronic "confirmation of address for service", it is legally deemed that you know the existence of the case, and you will bear the consequences of whether you are present or not and whether you receive the documents.
3. Check item by item before signing: confirm that the service address and contact number are accurate and consistent with the ID card and actual place of residence; if the address changes, apply to the court in writing for change in time, otherwise the service according to the original address is still valid.
4. The electronic signature is also valid: the parties in Ningbo can sign the electronic version of the Confirmation of Service Address online through the "People's Court Online Service (Zhejiang)" applet. The electronic signature has the same effect as the paper signature. After signing, pay attention to the mediation and hearing information pushed by the system.

If you are involved in multiple cases at the same time (e. g. divorce case, debt case and alimony execution case in parallel), the confirmation of service address shall be signed and managed separately according to the case, and do not think that "all shall be served once"; If an agent is entrusted to participate in the lawsuit, the court shall serve the agent in parallel with the service to me, and my address shall remain valid. After changing the address, in addition to submitting a written application for change to the court, it is recommended to update the contact information in the small program and confirm it through two channels to minimize the risk of service failure. All signed documents (including electronic signature receipts) are recommended to be captured or printed for retention as evidence of the time of delivery and program nodes in the future.

Practical lesson: some people miss the trial because they refuse to accept documents and deliberately leave the wrong address, and are eventually judged in absentia to bear adverse consequences. if they want to relieve, they must start the retrial procedure separately, which is extremely costly. Upon receipt of any court document, first look at the content and then the deadline. Do not reject it.

From the identity of the parties, the mediation and litigation stages have their own focus:

as the plaintiff (party to the divorce proceedings). After filing the case, the mediator should take the initiative to follow up the case status: when contacting, the mediator should clearly express his demands and the bottom line of concessions, so as to avoid losing bargaining chips in the mediation. If the other party obviously has no intention of mediation and only wants to delay, it may indicate to the mediation center or the filing court that it is unwilling to continue mediation and request to transfer to the case for trial in time. After the transfer to litigation, pay attention to the advance payment of litigation fees, submit evidence within the time limit specified by the court, and timely supplement of evidence and change of litigation requests for the other party's property declaration and defense.

as the defendant (the party being sued). After receiving a copy of the complaint, you should carefully check the other party's claims and evidence: whether the marriage relationship has indeed broken down, whether the property list is complete, and whether there is any concealment or exaggeration. According to the Civil Procedure Law, the defendant shall submit the defense within 15 days from the date of receiving the copy of the complaint. Failure to submit the defense will not affect the court hearing; the time limit for adducing evidence shall be executed as designated by the court, and evidence needs to be submitted or applied for investigation within the time limit. Evidence collection and judicial appraisal may cause the risk of loss of power within the time limit. Objections to jurisdiction shall be raised during the filing of the defense.

We should also understand the new rules of the two modes of service: with the consent of the parties, the court can serve litigation documents by electronic service (through short messages, mails and small programs). Electronic service has the same effect as paper service. Therefore, do not delete all short messages containing links. Check whether the documents are court documents first. If the recipient's whereabouts are unknown or cannot be delivered by other means, the court may announce the service, thirty days from the date of the announcement is deemed to have been served-if you lose contact for a long time, the other party may advance the case through the announcement procedure, and you will be "divorced" without knowing it. In such cases, the cost of relief to the effective referee is extremely high. Keeping contact information effective and timely signing for documents is a prerequisite for participating in procedures and exercising rights.

5. common mistakes

myth 1: Failure to receive the mediation notice means that the case has not been established and has nothing to do with me. Positive solution: the case may have entered mediation or trial proceedings, but the notice has not been served. Should take the initiative to inquire about the status of the case, passive waiting may miss the defense, proof and hearing time limit.

Myth 2: If you refuse to sign for the documents, you will "not be able to deliver them". Positive solution: rejection does not affect the validity of service, the court may retain service or announce service. Rejection will only deprive yourself of the opportunity to participate in the process.

Myth 3: The mediation notice can go or not, and there will be no consequence if it does not go. Positive solution: it is not illegal to refuse mediation, but it should be expressed through formal channels (such as informing the mediator in writing or by telephone) to avoid being regarded as "refusing to cooperate" due to loss of contact; At the same time, pay attention to the notice of subsequent hearing cannot be absent.

Myth 4: Change the phone number without notifying the court. Positive solution: The service shall be subject to the Confirmation of Service Address. The court shall not be informed of the change of number. Subsequent service according to the original number and address shall still be valid. Missing the hearing will bear the risk of default judgment.

Myth 5: The mediation stage said two sentences "do not agree to leave" even if the statement. Positive: Oral statements in mediation do not produce procedural effects. Those who do not want to mediate should clearly propose to the mediator or the filing court and leave traces. After the case is transferred to litigation, whether to grant divorce will be decided by the court according to whether the feelings have indeed broken down, and the opening statement and evidence are the key. Oral statements can neither conclude the proceedings nor substitute for defense and evidence.

6. FAQ

after waiting for a long time without mediation notice, how can we confirm whether the case is still there?

Check the status of binding cases through the "People's Court Online Service (Zhejiang)" applet, or call the filing court of the accepting court and the litigation and transfer docking center for telephone inquiries. If there is no progress beyond the mediation period, you can request to transfer to the case for trial. If the inquiry result of the filing channel is inconsistent with the telephone reply, the written reply of the court shall prevail.

Will my refusal to mediate be detrimental to me?

Refusing mediation is your right and will not be punished or lost for refusing mediation itself; the case will be transferred to the case for trial. However, it is recommended to formally express the refusal (in writing or to the mediator) and continue to pay attention to the notice of subsequent hearings. The consequences of absent hearings are far more serious than refusing mediation.

The address confirmation was incorrectly filled in, and it was only after receiving the judgment that it was found that it did not attend the trial. What should I do?

First look at whether the court service procedure is illegal (e. g. not sent according to the confirmed address) caused by the failure to attend the trial; If the judgment has come into effect due to the wrong address or refusal, it can be assessed whether there is a legal cause for applying for retrial, but it is difficult to provide evidence and relief. The fundamental policy is to check before signing and update in writing after changes.

The mediator contacted me and said that the case could be settled through mediation. What should I pay attention?

First verify the identity of the mediator and the case information, and then confirm whether the content of the agreement covers all the disputed matters; Check the child support, property division and debt handling item by item, and do not sign if it is not clear. If there is any content of execution, apply for judicial confirmation to obtain enforcement. Never sign a mediation agreement without seeing the terms clearly.

Received a court summons but the time conflicts, can it be rescheduled?

If there are legitimate reasons (such as sudden illness, important official business and can provide proof), you can apply to the court in writing to postpone the hearing, and whether to allow the court to decide. If there is a real difficulty, you should apply in writing and attach evidence as soon as possible, and do not miss the deadline with the mentality of "going to say it again.