"How long has this money been delayed, and you still haven't given it to me!"
"Why don't you say what kind of work you did? The quality is not up to standard, and the owner asks me to rework, which causes me to lose so much material money and wages, and you still have the face to ask me for so much money!"
In the courtroom, the quarrels of the parties full of "gunpowder" constantly echoed......
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This is a labor contract dispute that I undertook. Lin provided services such as scraping putty and applying latex paint for the project contracted by Chu, but some of the labor services provided by Lin were unqualified, and Chu had to find another person to rework, resulting in a large loss.
Three years after the project was delivered, Lin sued the court based on evidence such as construction drawings and unconfirmed bills of quantities, requiring Chu to pay 58,000 yuan in labor fees and interest.
During the first trial, because Lin demanded too much money for the project than he should have received, and he was still shirking responsibility between his words, Chu left the meeting in anger in the middle of the trial, which brought the trial of the case to a deadlock. In order to better promote the progress of the case, after the trial, I continued to do ideological work to both parties by phone, urging both parties to actively resolve the conflict.
At the second court session, Chu was unable to appear in court due to a business trip.
At the third court session, there was the tense scene at the beginning. Both parties seemed to be holding their breath, wanting to spit out their grievances, anger, and complaints during this time, and their voices were unconsciously raised a lot.
In the face of this scene, I tried my best to calm down and not be disturbed by the emotions of the parties, calmly controlled the rhythm of the trial, summarized the facts of the case and the focus of the dispute around Lin's demands and the evidence provided, and promoted the orderly conduct of the trial.
The emotions of both parties in this case are relatively fierce and the controversy is relatively large, but the actual facts of the case are simple and the facts are relatively clear. If the verdict is issued directly, it is the easiest and easiest operation for me. But when I think that more than 50,000 yuan is not a big amount, it is also a large expense for the plaintiff's family, and if it still needs to go through the appeal procedure, it will be a new lawsuit for the original defendant and the defendant, and it will take additional time, energy and money.
Therefore, I decided to use "back-to-back" mediation to try to open the knot for both parties and truly resolve the conflict "once and for all". I first tried to do the work of the plaintiff Lin, pointing out the lack of evidence, the amount of work claimed included the amount of labor of others, and caused losses such as rework, and persuaded him to seek truth from facts to protect his rights.
"You have known each other, although the cooperation is not very pleasant, but everyone has difficulties, in terms of payment time, do you see if you can give a certain buffer period at the beginning?"
In the face of the defendant Chu, I went to work from the perspective of legal principles and human feelings, "After all, Lin has really provided you with labor services, no matter what, you have to pay labor fees, considering your current predicament, you do not need to pay off Lin's labor fees immediately, but there must be a detailed payment plan, clear payment amount and time, and also show your sincerity in paying labor fees......"
After several rounds of communication and repeated work, Lin and Chu finally reached an agreement on the labor fee of 40,000 yuan, the number of payments and the time of repayment, and signed a mediation agreement in court. At this point, a highly controversial labor contract dispute case was finally settled, and both parties expressed their satisfaction with the result after the trial.
I have always believed that every case that a judge takes, no matter how big or small the subject matter, is closely related to the vital interests of the people, and that "adjudicating the case" is not the goal, but "closing the case" is the key. A judgment may be able to determine right from wrong, but it may not be able to untie the knot. Mediation has its own advantages in case handling, which can not only resolve the disputes between the two parties, but also reduce the dispute resolution costs of the parties, and can truly achieve the social effect of untying the "heart knot", conforming to the "legal principle" and taking into account the "people's livelihood".
In the more than 30 years of working in the court, I have been keen on mediation, with a solid legal foundation and rich experience in judicial mediation, for more and more parties to the conflict to build a "bridge", every year the successful mediation of more than 60% of the number of closed cases, so that the two sides of the conflict can truly resolve the conflict, shake hands and make peace.
In the accumulation of judicial practice, I have studied such a truth: if you want to do a good job in mediation, you must have a heart of "patience", no matter how difficult the case is, as long as you are attentive, you can find a balance between emotion, reason, and law from the myriad of threads, build steps, and guide the parties to resolve grievances and shake hands and make peace, which is the embodiment of judicial flexibility and temperature.
Narrator: Liang Yansong, President of the Tuanwang Court of Laiyang Court