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握手“烟”和 | 深夜调解“不打烊”

author:Yantai Intermediate Court

Longkou Court, Farun Zhiyang

At ten o'clock in the evening, Wang Xiaoyan, the mediator of the litigation and mediation team of the Longkou Court, was still brightly lit at home, and it turned out that she was communicating with the parties to discuss solutions. Finally, after a night of mediation, this private lending dispute was successfully resolved through "pre-litigation + night + online mediation".

握手“烟”和 | 深夜调解“不打烊”

Basic facts of the case

In July 2023, due to difficulties in life, Xiao Li borrowed money from Xiao Wang and promised to return it soon, but when Xiao Wang needed money, Xiao Li kept shirking that he really had no money in his hand now, and after the collection was fruitless, Xiao Wang wanted to file a lawsuit against Xiao Li.

After Wang Xiaoyan took over the case, she called Xiao Wang as soon as possible, but Xiao Wang vomited bitterness, saying that he had not given it for several months, and finally WeChat was blocked, and there was really no way to sue to the court. After Wang Xiaoyan learned about the situation with Xiao Wang, she also communicated with Xiao Li and had a further understanding of the case, it turned out that Xiao Li owed Xiao Wang a total of 2,800 yuan, of which 1,000 yuan was a loan, and the other 1,800 yuan was the beauty money that Xiao Li promised to return. During the inquiry, she learned that Xiao Li was not able to pay it off in one lump sum, so Wang Xiaoyan immediately added WeChat messages from both parties to facilitate future communication.

Mediation process

Putting down the phone, Wang Xiaoyan sorted out her thoughts: Xiao Wang's cause of action is a private loan, since Xiao Li cannot repay the loan at one time, according to the law, the 2,800 yuan involved in the case belongs to two legal relationships and can only be handled separately. Thinking of this, Wang Xiaoyan called Xiao Li again, but no one answered on the other end of the phone, and Xiao Li's phone was not called until he got off work, so Wang Xiaoyan directly left a message to Xiao Li on WeChat: "Xiao Li, hello, we communicated before, you said that your business is not good now, you can't pay it all at once, can you take out the 1,000 yuan?" Until eight o'clock in the evening, Xiao Li finally replied to the message, saying that 1000 yuan could be taken out, Wang Xiaoyan hurriedly called while the iron was hot and continued to ask how to pay the remaining 1800 yuan of beauty money, Xiao Li aggrievedly told about his difficulties, saying that it was not that he didn't want to give, but that the business had failed, and he really had no money in his hand, so he could only pay it back slowly.

"Xiao Li, as a borrower, you have the obligation to return the loan, and as a friend, as soon as you say that you are short of money, Xiao Wang will give you the money, so you have to return the money to others as promised, don't hurt everyone's friendship, there is borrowing and repaying, and it is not difficult to borrow again!" Hearing this, Xiao Li was also silent, and after a while, a voice came from the other end of the phone: "Teacher Wang, I know I can't live up to her trust, but I really can't take out the money, so I will pay it back in three months, and 600 per month, do you think it's okay?"

Wang Xiaoyan immediately called Xiao Wang to tell her about this mediation plan, but Xiao Wang's emotions were also very excited, "Teacher Wang, I can't trust her anymore, I lent her money out of trust, but I didn't expect her to be untrustworthy, and she delayed the repayment date again and again, and later blocked me." Wang Xiaoyan also understood that Xiao Wang had indeed lost trust in Xiao Li, so she told Xiao Wang: "It is wrong for Xiao Li not to fulfill her legal obligations, and it is also her mistake not to cherish the friendship between you, but I think she is living a difficult life now, and she really can't take out this money, let's sign a mediation agreement, if she doesn't fulfill it, you can call me at any time." ”

Hearing this, Xiao Wang's attitude softened, and he expressed his willingness to give Xiao Li another chance, and under the persuasion of Wang Xiaoyan, the two parties reached a mediation agreement online, agreeing that Xiao Li would pay 1,000 yuan first, and the balance of 1,800 yuan would be paid in 3 months. Xiao Li transferred 1,000 yuan to Xiao Wang the next day.

In the first month of the agreement, Xiao Wang brought a pennant of "mediation, fairness and justice" to Wang Xiaoyan, "Thank you so much, eldest sister, she paid me 600 yuan on time, and I have the bottom of my heart with the agreement of our court." Wang Xiaoyan heard that Xiao Li repaid the loan on time, and she was also happy for Xiao Wang from the bottom of her heart.

握手“烟”和 | 深夜调解“不打烊”

"Mediation is also a kind of legal service, and we must take the initiative, be patient, and do repeated work to resolve the disputes of the masses. For mediation, Wang Xiaoyan also has her own experience, after receiving the case, she always communicates with the parties as soon as possible and clarifies the "mediation line".

Engaged in mediation work for more than two years, Wang Xiaoyan has been exposed to various types of contradictions and disputes, and she has gradually grown from a "layman" who knows nothing to a "generalist" who learns the law, understands the law, and is good at using the law.

握手“烟”和 | 深夜调解“不打烊”