Gather multiple forces to deal with the trouble of preventing chaos
2022-05-13
As the old saying goes, "prevention is before sprouting, and treatment is before chaos." This is also the meaning of the people's court to carry out the governance of litigation sources. In order to further promote the one-stop construction, the people's Court of Wuchang District, Wuhan City, Hubei Province has continuously innovated, carried out the docking of litigation and mediation, and built a new path of hierarchical and progressive governance of litigation sources. Since 2019, Wuchang District Court has successfully mediated 13489 disputes and concluded 941 cases of judicial confirmation of mediation agreements. "Small stations" leverage the "big pattern" of diversified dispute resolution On April 14 this year, Wuchang construction field litigation and mediation docking studio in Wuhan Construction Industry Association workstation was first established in Hubei Province. A geotechnical technology company directly enjoyed convenience in the process of multi-point flowering of the litigation and mediation docking platform of Wuchang District Court. It is understood that a geotechnical technology company and a construction company signed a subcontract for a project. In 2019, the two companies settled after the completion of construction, but the construction company has not paid the project payment in time. Recently, both parties applied to entrust the workstation of Wuhan Construction Industry Association to conduct pre litigation mediation. After a mediation, both parties quickly signed a mediation agreement and applied to the court for judicial confirmation. The judge immediately reviewed and issued a judicial confirmation. "The litigation and mediation docking workstation is really a booster for enterprises. The construction contract disputes of construction projects that have been delayed for nearly three years have finally been resolved." The entrusted litigation agent of geotechnical technology company said. In order to realize that the parties "only enter one door and run once at most", Wuchang District Court has continuously innovated the "1 + 1 + n" mediation modes such as "court + Federation of industry and Commerce + chamber of Commerce", "court + Construction Bureau + Construction Industry Association", actively built eight professional mediation platforms such as "legal and commercial litigation mediation docking studio", and formed a "big mediation" pattern organically connected with people's mediation, administrative mediation, judicial mediation, industry mediation and commercial mediation. In addition, four litigation and mediation docking stations are set up in the enterprise park and key industries, a team court is set up in the district transportation brigade, and a circuit court is set up in the provincial banking regulation center, so as to facilitate the parties to realize one-stop dispute resolution such as pre litigation mediation, litigation filing and court session, and open the "last mile" of litigation services. "Three magic weapons" gather "new kinetic energy" for professional dispute resolution Mr. Qian worked in a consulting company in Hubei for three years. Because the company did not sign a written labor contract with him, he claimed to double his salary. After pre litigation mediation, the consulting company signed a mediation agreement with Mr. Qian and paid a salary of 21000 yuan on the spot. "In the process of mediation, we pay attention to guiding the parties to confirm the service address of legal documents, fix undisputed facts and evidence, fill in element forms, and constantly standardize the conversion process of litigation and mediation procedures." Mediator Zhang chenze said. It is reported that since the Wuchang District "court + trade union" labor dispute litigation and mediation docking studio was first listed in the province in 2019, a total of 2493 labor disputes have been accepted, effectively protecting the legitimate rights and interests of workers. "We have successively connected with 23 mediation organizations and 204 mediators, of which 70 lawyers have been invited to become lawyers mediators of our hospital. Industry experts in medical treatment, finance, road transportation, labor disputes, family affairs, construction and other fields have been recruited as specially invited mediators; by making mediation guidelines for common case types and pushing guiding cases, we have successively conducted 56 business training for mediators to effectively improve the level of mediation specialization." Zhu Hong, the person in charge of the filing court, said. In addition to hiring professional mediators and carrying out professional training, Wuchang District Court also has a third "magic weapon" - focusing on professional mediation methods for summary cases. Adopt the "two-step differentiation method" to deal with the liability disputes of motor vehicle traffic accidents according to the situation; Adopt the "three-step connection method" to jointly handle financial disputes; Adopt the "four step communication method" to properly resolve labor disputes; Adopt "seven step diagnosis therapy" to jointly solve family disputes. "Multi note" plays the "Concerto" of linkage and dispute resolution Zhang borrowed 120000 yuan from a bank. After the loan was issued, Zhang failed to repay in time according to the contract, so the bank sued the court and asked Zhang to repay the principal and interest of the loan. In the course of litigation, both parties applied to entrust the case to the litigation and mediation docking studio of "court + gold consumer association" for online mediation. After that, both parties reached an agreement on mediation. It is reported that relying on the mediation platform of the people's court, the hospital cooperates to promote the construction of professional mediation platform and online mediation platform, adheres to the offline and online linkage, and widely mediates civil and administrative disputes such as finance, road traffic, labor disputes, construction contracts, medical treatment, family affairs and so on. In the past three years, there have been 8872 online mediation cases. "According to the characteristics of litigation mediation docking work in different fields, we have formulated implementation plans by category, timely issued five contents such as the connection running chart of legislation, trial and execution, the guidance of diversified dispute resolution process, clarified the scope of mediation cases, established six mechanisms such as joint meeting system, and promoted the normal development of litigation mediation docking work." Ren Yongkai, vice president of Wuchang District Court, said. In addition, it will also provide legal protection for enterprises through the "white paper" and "forum on the development of the rule of law", and provide suggestions for enterprises to optimize the source of law and business governance through the "white paper" and "forum on the development of the rule of law". In addition, it will also provide legal protection for enterprises and enterprises, and send them to the court of justice and other legal risk prevention and control activities. "In the future, we will strive to build a characteristic brand of litigation mediation connection, carry out one-stop diversified dispute resolution at a high level, and contribute judicial strength to realize the people's yearning for a better life." Deng Yongqing, President of Wuchang District Court, said. (outlook new era)
Edit：sishi Responsible editor：xingyong
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