The electric bicycle was pushed into the corridor to charge the fire, causing damage to the 6 electric bicycles parked around, and the first floor storage room of many residents was also damaged to varying degrees. However, Ms. Sun insisted that the damaged car could not be used if it was not broken, and was only willing to compensate 6 households for a total of 2,000 yuan, and the residents affected by the fire collectively came to the People's Mediation Committee of Langxia Town in Jinshan District for help and asked for mediation.
At about 3 p.m. on January 21 this year, an electric bicycle fire accident occurred in the corridor of a residential area, and it did not cause casualties due to the timely disposal. However, the fire blackened the corridors, and also caused damage to the 6 electric bicycles parked around, and the storage rooms of many residents were also damaged to varying degrees. The financial loss of the accident was nearly 10,000 yuan, involving a total of 6 households. After investigation by the fire department, Ms. Sun's electric bicycle was improperly charged as the cause of the fire. After the fire was extinguished, Ms. Sun expressed her willingness to compensate 6 parties for a total of 2,000 yuan, but the gap with the actual losses of the parties was large. Because the parties could not reach a consensus on the compensation payment, the residents affected by the fire collectively came to the Investigation Committee of Langxia Town in Jinshan District for help.
After receiving the case, in order to ensure safety and stability, the mediator visited the affected households at the first time, surveyed and counted the actual losses of each household, and made sufficient preparations for the smooth development of the mediation work. Subsequently, the parties were contacted to the Co-ordinator for mediation. The mediator listened to the demands and reasons of the parties, and the 6 parties proposed that the total amount of property damage was about 10,000 yuan; Ms. Sun did not recognize this, believing that some residents' electric vehicles were only blackened by the shell and did not affect the actual use of electric vehicles, Ms. Sun believed that the residents exaggerated the actual losses, and she was only willing to compensate for the losses within the limit of 2,000 yuan.
At the mediation site, the residents affected by the fire heard Ms. Sun's opinions on compensation and believed that Ms. Sun lacked the sincerity to solve the problem. Seeing that the situation was getting worse and the emotions of the parties were about to get out of control, the mediator immediately terminated the mediation.
The next day, the mediator once again called Ms. Sun for the purpose of solving the problem, and the mediator analyzed to her in depth that the accident caused the property losses of the residents, and the compensation of 2,000 yuan was definitely not enough. Subsequently, the mediator analyzed and guided from the perspective of "reason and feeling". Finally, Ms. Sun expressed her willingness to add another 1500 yuan. Since Ms. Sun's side has loosened the amount of compensation and the emotions of both parties have calmed down, the mediator decided to ask the parties to go to the mediation room again to completely resolve the dispute.
Two days later, the parties came to the mediation room of the neighborhood committee early in the morning. In order to avoid the escalation of the conflict caused by the loss of emotional control of the parties, the mediator adopted the "back-to-back mediation method" to communicate with the parties separately. First of all, the mediator informed all the affected residents of the latest compensation amount proposed by Ms. Sun, but the residents never recognized the compensation price given by Ms. Sun, and indicated that the actual maintenance cost of all the vehicles had exceeded 12,000 yuan, and the repair costs were all evidence-based. Now, considering that Ms. Sun and Ms. Sun have been neighbors for many years before asking for 10,000 yuan in compensation, I firmly state that I cannot reduce it any longer.
The mediator again had an in-depth conversation with Ms. Sun and conducted a "peer-to-peer popularization of the law". Since the fire was caused by the overcharging of Ms. Sun's electric bicycle, she should bear tort liability for the consequences of the fire. In terms of the amount of compensation, according to Article 1184 of the Civil Code, "where the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable means." "Ms. Sun only relies on her own subjective imagination and believes that it is inappropriate not to cause substantial damage.
Under the guidance of the mediator's combination of law, reason and feelings, Ms. Sun has loosened the amount of compensation again. Ms. Sun said that she and her husband are just ordinary workers, her daughter is in college, there are two elderly people in the family, the family's economic ability is poor, it is really impossible to come up with so much money, and can only give compensation of 7,000 yuan at most.
Since then, the mediator has once again conducted one-on-one visits to each affected resident, and has guided them with affection and reason, most of them agreed to the compensation for a total price of 7,000 yuan, but Mr. Wang, whose losses were more serious, always disagreed, so the mediator persuaded mr. Wang, the mediator, who had been a neighbor for many years, hoped to think differently. If you really put years of friendship into vain for this little money, it is not worth the loss. In the end, Mr. Wang also approved the compensation of 7,000 yuan.
After the mediator visited the parties and communicated with them many times, Ms. Sun reached a mediation agreement with the neighbors on the matter of damage compensation. After a lapse of 5 months, the mediator returned to the affected residents, and they said that Ms. Sun had fulfilled the payment obligations in the mediation agreement on time, and the adverse effects of the fire accident had been eliminated, and fully affirmed the work of the mediator.
This is a damage compensation dispute caused by the overcharging of electric bicycles in the corridor by residents of the community. In this case, the mediator's rapid intervention, rapid grasp of the first-hand information of the incident, and timely settlement of the conflict between the two parties are the prerequisites for successful mediation; secondly, the mediator clarified the responsibility for the accident according to law and corrected Ms. Sun's misunderstanding of compensation, which is the key to the success of this mediation; the mediator patiently and meticulously carried out the ideological work of the parties, based on civilized rural style and neighborhood friendship, good at grasping the psychology of the parties, and "knowing the emotions" is also the guarantee for the success of this mediation.
On the other hand, in this case, Ms. Sun relied on her own subjective imagination to only think that the consequences of fire damage were relatively mild on the grounds that "the neighbor's house was only blackened by the car", and the compensation price given was too low to violate the law. The amount of damage caused by the fire of the neighbor's electric bicycle shall be subject to the actual cost incurred by the resident in repairing the electric bicycle, and the corresponding bill for the relevant expenses shall be used as evidence, which should be used as the basis for determining the amount of compensation.
Author | Zhai Mengli Zhu Jun