The statute of limitations refers to the statute of limitations system in which the right holder does not exercise its rights within a certain period of time, that is, it loses the claim to a certain extent. The application for mediation constitutes an interruption of the statute of limitations, when the case has entered the court mediation stage, proving that the right holder has exercised its rights, the statute of limitations is interrupted.
Pre-litigation mediation, which may both speed up and delay the progress of the case, is mainly determined by the following factors:
1. Pre-litigation mediation may expedite the resolution of the case.
Pre-litigation mediation is a form of dispute resolution with the aim of resolving disputes through mediation before the commencement of litigation proceedings in order to reduce the cost and time of litigation. For example, if both parties are willing to resolve the dispute through mediation, and both parties can make certain compromises and concessions during the mediation process, mediation may reach an agreement more quickly, thereby speeding up the resolution of the case.
2. Pre-litigation mediation may delay the progress of the case.
First of all, the pre-litigation mediation procedure requires a certain amount of time, such as waiting for the mediator to contact the parties, agree on the mediation time, and conduct mediation. In addition, if both parties are willing to accept mediation, but mediation requires multiple communications and negotiations to reach an agreement, which will also lead to delays in the progress of the case.
Secondly, if the mediation fails, the case is transferred to litigation, which takes more time and effort. In addition, if the mediation agreement cannot be fulfilled, the parties may need to re-file the lawsuit, which will also lead to delays in the progress of the case.
Therefore, while pre-litigation mediation is an effective form of dispute resolution, it also has the potential to delay the progress of the case. When choosing whether to accept pre-litigation mediation, the parties should fully consider their own circumstances and needs, and weigh the pros and cons.