"Double losses" into "win -win", Miyun Court successfully mediate the amount of 350 million yuan in the case involved in small and medium -sized enterprises

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"Under the host of the court, we not only properly resolved the previous controversy, but also signed a lease agreement. Our enterprise does not need to move, employees can continue to work in the enterprise, and after the dispute is resolved, we have a stable one. The business environment, you can continue to prepare for listing. "

In order to thank the Miyun Court for high -efficiency mediation disputes, the parties sent Xie Jinqi as soon as possible after receiving the mediation letter, and wrote the book: "Responsible for the law enforcement of the people to solve problems for the people."

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1

Contract performance changes

The litigation standard is huge

Company A signed the "Investment Cooperation Agreement" with Company B, which stipulated that Company A used its land use right to use the land use right and the first phase of the industrial park under construction as the target to invest in Company B. After the investment was completed, Company A transferred the above land use right and the ownership of the project under construction to Company B. Company B added stocks to Company A in a directional increase. After the completion of the industrial park, Company A needs to complete all procedures for company B to Company B by company under construction. In order to solve the problem of the use of Company B before the transfer, the two parties signed another "Factory and Land Rental Contracts", which agreed that Company B paid a certain amount of rent to Company A each year before the transfer. The two parties agree that Company B can invest in the construction of the industrial park to deduct the rent.

During the performance of the contract, because the company's transfer and the changes in the policy, although Company A completed the construction of the industrial park, it was impossible to go through the procedures for property transfer to Company B in accordance with the agreement. Company B filed a lawsuit to the Miyun Court asking Company A to assist it in handling property transfer procedures. At the same time, Company A requested the cancellation of the contract and claimed another case to ask Company B to pay the rent and compensate for losses.

After accepting the case, due to the total value of land and real estate under the "Investment Cooperation Agreement" item, it reached 350 million yuan, and the litigation label was huge. Liu Yumin, the dean of the Miyun Court, decided to serve as the chief of the trial.

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2

Pre -court meeting

Build a warm heart exchange platform

In order to fully listen to the opinions of both parties and clarify the case trial, the judge Liu Yumin decisively decided to hold a pre -court meeting. At the front meeting, after exchanging evidence and fully listening to the opinions of both parties, the collegial panel found that the original and the defendant could continue to perform in the "Investment Cooperation Agreement" and who should bear the difference in breach of contract responsibility. At the same time, it was found that Company A had great concerns about the use and income of the land and factory buildings after the "Investment Cooperation Agreement"; and Company B once lifted the contract, it will face the company's re -site selection and whether they can retain the existing employees, etc. The problem has greater anxiety. The bearing court keenly capture whether the two parties can find a win -win solution for both parties will be the key to resolve the contradiction between the two sides.

Kung Fu is not responsible for people. After repeated communication with the members of the collegiate panel, it has finally contributed to the two parties that the two parties have reached all the agreement before the termination of each other and shall not bear the liability for breach of contract. Some situations and conditions have re -established a package of mediation agreements such as new leasing agreements. The two sides finally shook hands, and a contradiction and dispute were effectively resolved before court.

"The front court provided a chance to communicate with the original and the defendant with the original and the defendant. The judge can not only fully understand the demands of both parties before the court, but also accurately grasp the focus of the dispute; it can also understand the background of the dispute, insight in the emotions and order behind the dispute Factors are conducive to determining the pulse for precise interpretation of contradictions. "Liu Yumin accurately positioned the function of the pre -court meeting.

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3

Improvement mechanism

Let civil trial improve quality and efficiency

Since the beginning of this year, the Miyun Court has put forward the requirements of institutionalization, standardization, and programming on the pre -court meeting, and has been widely promoted in the entire hospital. The pre -court meeting has also become the new engine of the court to improve the quality of trial.

The Miyun Court has established a pre -conference meeting mechanism based on the simplified diversion and "guided by the type of case", which has a large construction project with large cases, large amounts of evidence, difficulty in the facts of the case, complicated difficulties and social impacts. Cases of construction contract disputes, land use right transfer contract disputes, lease contract disputes and other cases must be held. The operating procedures, content composition, and the connection mechanism of the pre -trial procedures such as the jurisdiction, the evaluation and appraisal, the addition of the party, the addition of the objection, the evaluation and appraisal, the addition of the party, the pre -court meeting will be combed in advance to sort out the demands, handle procedural matters, organizational evidence exchange, and the exchange of evidence, and the exchange of evidence. In summary of the positive role of controversy and promoting mediation.

Since the implementation of the pre -court meeting, the trial efficiency has increased significantly. The official trial time has been shortened by about 50 minutes compared with the previous, and the average number of days of civil and commercial cases will be reduced by 10.4 days from the same period last year. The trial effect was obviously optimized. By holding a pre -court meeting, the judge and the parties and lawyers fully communicated and dialogue. The party's trust and acceptance of the referee's results were further enhanced. In the first half of the year, the judgment rate of the Miyun Court increased by 1.27 percentage points from the same period last year. At the same time, fully communicating the doubts of the parties, and effectively promoted the mediation and cases in the pre -court stage. In the first half of the year, 486 cases of mediation in front of the civilian court, an increase of 28.6%over the same period last year.

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4

Flexible mediation

Make small and medium -sized enterprises in tenderness

Feel the judicial temperature in the rescue

In this case, Company B as one party is a small and medium -sized enterprise.During the trial, Dean Liu Yumin led the collegiate panel to learn more about the business status of the company in the background of the epidemic.When it was learned that the company B had difficulty in capital turnover due to the impact of the epidemic, and due to the lawsuit, the listed projects that were originally implemented were also affected, and it strengthened its determination to solve disputes for the two parties.The final mediation plan not only guarantees the value preservation and appreciation of state -owned assets under the name of Company A, but also exerts the effectiveness of "everything is used", but also guarantees the sustainable development of Company B as a small and medium -sized enterprise in the background of the epidemic.The two parties have changed from "double losses" to "win -win", creating a good business environment of "stabilizing", "good" and "development" for enterprises.

Supply: Miyun Court

Text: Tong Chunlei

Edit: Xu Hao Yao Rihui

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