1, mediation is different in nature. Judicial mediation is a legal litigation procedure and mediation in litigation; People's mediation is not a necessary procedure in litigation, but a non-litigation mediation activity.
2. The scope of mediation is different. The scope of judicial mediation is all civil cases and criminal private prosecution cases accepted by the court. The scope of people's mediation is mainly limited to civil disputes.
3. The effectiveness of the agreement reached through mediation is different. Once an agreement is reached, judicial mediation has the same legal effect as the court decision, and it is legally binding and compulsory for both parties. The agreement reached through people's mediation is legally binding, but not mandatory. If one party fails to perform the agreement, the other party may request the grassroots people's government to handle it or bring a lawsuit to the people's court. After the mediation agreement is reached, if both parties consider it necessary, they may apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation. After the people's court confirms that the mediation agreement is valid, and one party refuses to perform it or fails to perform it completely, the other party may apply to the court for compulsory execution.
People's mediation form:
1, personal mediation
2. Joint mediation
3. Direct mediation
To sum up, judicial mediation is a legal litigation procedure, and it is a mediation in litigation; People's mediation is not a necessary procedure in litigation, but a non-litigation mediation activity. The scope of judicial mediation is all civil cases and criminal private prosecution cases accepted by the court. The scope of people's mediation is mainly limited to civil disputes.
Legal basis:
Article 13 of People's Republic of China (PRC) People's Mediation Law
The people's mediator shall be a member of the people's mediation committee and a person designated by the people's mediation committee.
Article 14
People's mediators should be adult citizens who are fair and upright, enthusiastic about people's mediation, and have a certain level of education, policy and legal knowledge.
The judicial administrative department of the people's government at the county level shall regularly conduct professional training for people's mediators.
Article 15
If a people's mediator commits one of the following acts in mediation, he shall be criticized and educated by the people's mediation committee where he belongs and ordered to make corrections. If the circumstances are serious, the unit elected or appointed shall be dismissed or expelled: