How to Apply for Mediation
1. Submit a mediation application to the mediation committee of the township, town, or district where the accident occurred.
2. Fill out the application form, detailing the names and contact addresses of both parties.
3. The mediation committee will schedule a time, notify both parties, and assign mediators to assist.
4. If mediation succeeds, the agreement can be certified by the court, carrying the same effect as a court judgment.
5. If mediation fails, the mediation committee will issue a certificate of unsuccessful mediation.
When minor damages or injuries occur, people often resolve the matter by paying on the spot or agreeing not to pursue claims. However, without a written settlement agreement, if a party later discovers greater damages or injuries, they might demand compensation, leaving the other party without proof of prior settlement. Recommendations:
1. If there are injuries or significant property damages, always report to the police.
2. If resolving on-site, write a settlement agreement. Simple forms can be obtained from bookstores, police stations, or online. Although not legally binding, such agreements serve as evidence of remorse in criminal cases and confirm compensation amounts in civil cases. They are effective in small traffic accidents.
3. For severe injuries or significant property damages, apply for mediation through the local mediation committee. Court-certified mediation agreements carry the same effect as civil and criminal judgments and are enforceable. Once confirmed, they cannot be challenged.
4. During mediation, ensure all evidence is prepared: medical certificates, treatment expenses, leave records, income proof, and property damage estimates. Request the other party to do the same.
5. If mediation conditions are vastly unequal, do not force an agreement. Obtain a "Certificate of Unsuccessful Mediation" from the committee, indicating a good-faith effort to mediate, and request court judgment.