"Judge Ruan, the response of '12368' No. 1 is too strong, and the smooth development of our mediation work is inseparable from the guidance and guidance of the judge. Such case studies and legal teaching 'can still be had'!" Ms. Si, the people's mediator, expressed her gratitude to Judge Ruan Xiaoying of the Changyang People's Court of the Fangshan Court.
From case guidance to similar case teaching, from fierce contradictions to handshakes and peace, this matter has to start with a sewer cement cover breaking storm.
In the parking lot
A kick fell into the sewer
This is a dispute over a community owner who fell into a sewer and injured his thigh to claim compensation.
During the Spring Festival this year, after Ms. Li parked in the parking lot of the community, she suddenly encountered the cement slab breaking into two when she passed by the cement cover on the sewer at the edge of the parking lot. Ms. Li, who was unsuspected, fell into the sewer and injured her thigh.
After the accident, the community property company sent someone to accompany Ms. Li to the hospital as soon as possible, and paid the preliminary medical expenses in advance.
After the incident, Ms. Li went to the doctor several times and spent a lot of medical expenses. However, when Ms. Li approached the property management company for compensation, she was refused. The property company claimed that it was not responsible and demanded that Ms. Li return her previous medical expenses.
Already troubled by an accidental injury that affected her travel, and hearing that she would be charged for medical expenses, Ms. Li's conflict with the property management company escalated again. Ms. Li not only demanded compensation from the property management company for follow-up medical expenses, but also demanded tens of thousands of yuan for mental damages.
"There is no steel bar in the broken cement cover, which is a construction quality problem. Our company has just entered the community, the cement cover plate was not built by our company, nor was it accepted by our company, and the last property company did not hand over to our company when it withdrew. Ms. Li's fall injury has nothing to do with our company. Mr. Wang, the manager of the property company, made it clear to the people's mediator that he would not compensate.
In the face of the fierce conflict between Ms. Li and the property management company, how to define the legal relationship, how to share the responsibility, and how to determine the amount of compensation?
This made it difficult for the people's mediators of the community mediation station......
"Judge Ruan, there is a contradiction and dispute in the community, and it is difficult for us to mediate, and we have a poor grasp of the responsibility and the subject of responsibility, can you come and guide us in mediation?" Ms. Si, the person in charge of the "I will run" studio in a community in Xilu Street, Fangshan District, and the people's mediator of the mediation station of the community neighborhood committee, called Ruan Xiaoying, judge of the Changyang People's Court of the Fangshan Court, to call "for help".
"No problem, if the mediators of our mediation committee can discuss it together, then we can guide one case at a time. Ruan Xiaoying replied immediately.
"That's great! It's all in the neighborhood, and we also want to learn to use law and reason to resolve conflicts in the process of resolving conflicts. ”
In the big discussion
Nurturing the power of community mediation
Ruan Xiaoying, who has many experience in guiding community mediation, found that people's mediators have the ability and natural advantages of accurately capturing the focus of conflicts and resolving disputes with empathy, but due to their non-legal background, their ability to identify legal issues in individual cases needs to be improved.
Although the legal facts and legal relationships in individual cases are individual, there are also common legal provisions and mature judicial experience that can be followed in handling similar cases. Therefore, Ruan Xiaoying decided to give full play to the strength of multiple grassroots heroes, with the help of the resolution of a case of conflict, to improve the overall ability of the community mediation committee to resolve conflicts, and to realize the value of "teaching people to fish" in the case guidance and resolution.
In order for the property management company to truly understand the problem, and better provide property services to ensure public safety, the neighborhood committee also invited the manager and lawyer of the property management company to participate in the seminar.
"The property management company is the management unit of the paid parking lot in the community, and shall bear the obligation to maintain the equipment and facilities within the public area, and have the obligation to ensure the safety of pedestrians. ”
"Although the property company is a new resident of the community, it should also manage and maintain the equipment and facilities built by the former property company, and cannot be held responsible because the relevant facilities are not built or accepted by him.
"I believe that after the question of liability has been answered, Ms. Li claims that the amount of compensation should also be based on facts and the law, and that any expenses must have a basis and bills. ”
In this way, under the professional guidance of the judges, the people's mediators conducted in-depth analysis and expressed their opinions, and the "guidance on individual cases" was upgraded to "guidance for similar cases".
"In the process of dispute resolution, it is necessary not only to identify the facts of the compensation dispute, but also to clarify the determination of the legal relationship, the allocation of responsibilities and the determination of the amount of compensation in similar cases. Ruan Xiaoying also shared the rules of judicial trial with the community people's mediators, so as to cultivate the community's own "people who understand the law", truly realize the growth of grassroots multi-mediation forces, and help the construction of "safe and good neighbors" in the region.
Shake hands
Pipe cover plate replacement
"Judge Ruan, the mediation was completed for them, and the property company agreed to compensate. Thanks to your guidance and guidance, they signed the mediation agreement, and you can also come to witness it!" A few days later, Ms. Si, the people's mediator, brought good news to Nguyen Xiaoying.
After the seminar, the community people's mediator communicated with both parties for mediation several times based on the knowledge learned in the seminar. After the people's mediator's patient explanation, the property company clearly understood its own responsibility, and Ms. Li also reduced the amount of compensation and gave up the claim for moral damages.
Eventually, the parties agreed on the amount of compensation and signed a mediation agreement. The property management company paid Ms. Li compensation in cash on the spot.
"Judge Ruan, we have carried out a comprehensive investigation of the potential safety hazards in the community, and the sewer cover has been completely replaced!
"I haven't had a good year in this matter, but now I'm finally down-to-earth, thank you Judge Ruan, thank you Sister Si, for letting you worry about it!" Ms. Li, who got the compensation, finally untied her heart.
Contributed by: Fangshan Court
Photo: Li Yubing
Editor: Cheng Menglin Xiao Fei
Review: Wang Fang