In May 2021, the children of Wang Mou, who lived in a community in Petrochemical Street, were reviewing to meet the college entrance examination, reviewing every night until late at night, and getting up early to go to school in the early morning. It coincided with the newly moved neighbor Qian Mou upstairs who was renovating the new house. In order to rush the work, the decoration is from 6 o'clock in the morning to about 8 o'clock in the evening every day, and the continuous noise of "three days around the beam" seriously affects the child's learning and rest. Wang Mou could not bear it, and after unsuccessfully negotiating privately with Qian, he went to the Neighborhood Committee Investigation Committee for help.
Mediation process
Field visits to grasp the first-hand situation
After the Investigation Committee of the Neighborhood Committee accepted the case, it immediately sent mediators to the scene of Wang and Qian to check the situation. At that time, the construction staff was digging and laying lines, and the noise of Qian's home decoration was indeed very large, accompanied by vibration and dust that caused a great impact on the downstairs residents. The mediator asked the construction workers and learned that the landlord was in a hurry, so the start of work in the morning and evening was relatively long. Through Wang's statement, the mediator learned that Wang had contacted Qian through the property because of the noise problem, but Qian believed that he had not violated the national law, and other neighbors did not raise objections, so he ignored it.
Multiple measures should be taken at the same time to lay a good foundation for mediation
The mediator immediately contacted Qian by phone. At first, Qian Mou had a cold attitude, believing that the decoration was his own business and did not need to be managed by others, so he refused to mediate. Although the mediator ate the "closed door soup", he did not give up. After many contacts and communications, Qian was willing to communicate face-to-face with the Neighborhood Committee Investigation Committee. At the same time, the mediator consulted the residential legal counsel in light of the actual situation of the case. In conjunction with Article 288 of the Civil Code, the legal counsel shall correctly handle the neighboring relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness, as well as the convention of the residents of the community, and give professional legal opinions, laying a good foundation for the mediation in the next stage.
Use techniques to guide both sides to make concessions
The next day, the mediator organized Wang and Qian to come to the public legal service room of the neighborhood committee for mediation. In mediation, the mediator adopts a "back-to-back" method of individual mediation to learn about the situation from Qian. Qian said that he wanted to move in as soon as possible, so he could only let the decoration workers work overtime, and the decoration was just a few days, and it was over.
In this regard, the mediator pointed out that Article 294 of the Civil Code stipulates that the owner of the right to immovable property shall not dispose of solid waste in violation of national regulations, discharge atmospheric pollutants, water pollutants, soil pollutants, noise, optical radiation, electromagnetic radiation and other harmful substances, as well as the relevant provisions of the residents' convention of the community. And told Qian that the neighbor Wang's children were reviewing the current situation of the exam, hoping that he could think differently and understand Wang's concerns as a father. After the mediator's patient persuasion and guidance, Qian was moved, realized his wrong behavior, and said that he would immediately adjust the decoration time, preferring to postpone the completion time, rather than destroy the neighborhood relationship, and not to do anything that violated laws and regulations.
Push the boat along the water and turn the dry goe into a jade veil
On the third day, the mediator again organized Wang and Qian to mediate together. At the beginning of the mediation, Qian expressed his apologies to Wang, hoped that he would understand, and took the initiative to stop the decoration before Wang's son took the exam, so that the child could review and ensure sleep. Wang also expressed his gratitude to Qian, and the two sides shook hands and made an agreement on the decoration time.
Reconcile results
Wang and Qian reached an oral mediation agreement under the auspices of the mediator and agreed on the time node of the decoration. It is understood that on the night of mediation, Qian fulfilled his promise and stopped construction during the time period when decoration was prohibited, and Wang's children were able to prepare for the exam with peace of mind.
Case Reflections
The text of the law is cold and blunt, and simply using the law to solve all problems may not achieve better results. People's mediation is to comprehensively consider various factors, and use the "temperature" of true feelings to resolve the "cold ice" of contradictions, so as to obtain the approval of both parties, not only to solve disputes, but also to dissolve the barriers between people.
Source: i Rule of Law Kingsoft
Edit | Shen Yanfei
Editor-in-charge | Chen Weiting