Huiqi Anshang, Starting from Reducing Litigation Costs

2023-06-19

The problem has been solved! I originally planned to never cooperate with his family again, but fortunately, you have a clear view. A misunderstanding has cleared up after a rainy day. "In May this year, during a return visit to a hardware product company in Ningjin County, Shandong Province, a judge from the People's Court said happily. A month ago, when the company was purchasing accessories from a local upstream enterprise, it was discovered that a batch of goods had incorrect models. During negotiations, the department heads of both parties had a dispute, and they accused each other of "substandard quality" and "malicious arrears of payment". Subsequently, the company filed a lawsuit against the upstream enterprise in court. The Ningjin Court received the litigation materials and, after seeking the consent of the parties, transferred the case to the "Ningshang One Station" on the same day. A mediation team consisting of "specially invited mediators from the court, rotating chairman of the chamber of commerce, and town street assistants" will mediate. The rotating chairman of the Chamber of Commerce found that the two companies have been cooperating for many years and have a high degree of business dependence on each other. The main responsible persons had a very harmonious relationship, but in this dispute, the relationship broke down due to listening to and maintaining their department heads. On the surface, it appears to be a contract dispute, but in reality, it is a mutual struggle. "Around the disputed points between both parties, a specially invited mediator explains the legal reasoning from a legal perspective and explains the possible legal consequences; The rotating chairman of the Chamber of Commerce will analyze the process of disputes between the heads of the two enterprises, distinguish interests from the perspective of business operations, and facilitate a reconciliation between the two parties. In the end, the hardware company withdrew the lawsuit, and both parties made up as before and continued to cooperate. Ningjin County is located in the northwest of Shandong Province, in the middle of the Beijing Tianjin Shi Ji metropolitan area. Thanks to its geographical location and convenient transportation, over 3000 private enterprises are active in the county with a population of 480000, gathering into two major industries centered around the manufacturing industry of "one metal (five metal machinery) and one wood (solid wood furniture)". Reducing the time, energy, and economic costs of corporate litigation through zero cost and low-cost industry mediation and judicial mediation, promoting the governance of litigation sources through diversified dispute resolution, and "treating diseases before they occur" from the source is the consistent concept of Ningjin Court's service to ensure the private economy. At the beginning of this year, the court, in collaboration with the County Federation of Industry and Commerce, the Chamber of Commerce, and the Sub district Office, established the province's first "Ningshang Yizhan · Falu Zhijin" commercial dispute linkage resolution center in the sinking community. Three retired judges of the court served as special mediators, 23 members of the Chamber of Commerce, and 3 staff members of the Sub district Office participated in the establishment of a member enterprise directory and WeChat group. Members involved in legal disputes were first mediated by service platform mediators to promptly answer legal questions, Concentrate on "consultation" for enterprises with more lawsuits, help enterprises solve legal and litigation related problems, and build a dispute resolution system that connects the mediation mechanism of the Chamber of Commerce with litigation procedures. Adhering to the idea of "full-time+professional" pre litigation mediation, the Ningjin Court also introduced 15 specially invited mediators to jointly build a professional and industrial mediation platform with the human resources and social security, industry and commerce, arbitration and other departments, and 37 industrial mediators were stationed to form a dispute joint mediation center to jointly resolve disputes in similar cases. Since last year, the court has mediated 2162 enterprise related cases before litigation, 1341 of which were successfully mediated, with a success rate of 62.02%. In recent years, our company has had a lot of overseas business and has responded to cross-border commercial disputes

Edit:Wang Chen    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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