How to "break" housework?Tracking Nanjing professional mediation officer "talks about cases"
Author:Intersection Time:2022.07.27
Nanjing released news in mid -July that it is planned to achieve full coverage of the family mediation studio in more than 1,200 villages at the end of next year. How to "break" housework? How does the "Maple Bridge Experience" take root at the grassroots level in the new era? Reporters followed and interviewed three well -known people's mediators in the local area.
Rationalize
Last year, Nanjing had accumulated more than 12,000 cases of family disputes.
This year, Zhou Xiaohong, the president of the 59 -year -old Nanjing People's Medical Association and the national people's mediation expert, turned to a few cases, and had more than 60 cases, which was not small. Every day, if there is a dispute to find her to mediate, she rides a small eDonkey to come to the door.
On July 15, the reporter saw Zhou Xiaohong in Lianhua Beiyuan District. "Speaking of the mediation at 2 pm, after a few calls, Zhang Xiao (pseudonym) did not answer." Zhou Xiaohong said that Zhang Xiao's case was transferred to her that morning. This line is often "pigeon". She waved her hand and said she didn't mind.
When Zhang Xiao returned to the call, Zhou Xiaohong handed over a bottle of mineral water to reporters, and opened the box. "Family affairs cannot avoid shortness of parents, and the feathers are indispensable, and mediation has innate advantages in this regard." She said that it is difficult for outsiders and even courts to evaluate the right and wrong things.
As he said, Zhang Xiao came back, and Zhou Xiaohong asked him to come to the studio to talk.
"I want to sue him!" When I saw Zhou Xiaohong, Zhang Xiao talked about his bad things. Zhang Xiao rented a compartment in Lotus Beiyuan in May this year. When he stayed, he "bested one payment three" and paid the rent for 4 months. The landlord also asked him to pay the property fee for a whole year, 960 yuan. After living for two months, Zhang Xiao proposed to the landlord not to rent it. But the landlord said that Zhang Xiao wanted to pay 800 yuan in liquidated damages and let him move away immediately.
Zhou Xiaohong listened for a long time and interrupted from time to time. "Is there an agreement on the contract?" "The house is separated into several small rooms", "Is the other party the second landlord" ... After understanding the situation, she said, "You have two things that are wrong, but two points are beneficial to you. "
"Where is wrong?"
"The liquidated damages must be paid, the deposit is not refunded, and the white paper and black words are written on the contract. You are a person with a complete civil capacity. You have signed the contract. You have to pay for it according to law."
"Which two points are good for me?"
"First, you have the right to live in 3 months. Second, I am familiar with the room type of Lotus Beiyuan. The 89 square meters of apartment types are separated by 5 small rooms, and each room is less than 10 square meters. The property fee of 6 yuan per square meter is calculated, and your property management fee is 60 yuan a year. The other party collects 960 yuan, no reason. "
"The landlord lied to me 960 yuan, can I sue him?" Zhang Xiao said excitedly.
Zhou Xiaohong judged that the white paper and black words were clearly written, and the lawsuit was not very good.
"The landlord also threatened me, and it must be‘ the court ’s seeing’. ”Zhang Xiao could n’t help it.
"To defend rights under the legal framework, you cannot deal with the law with illegal law." Seeing Zhang Xiao's emotional unstable, she suggested that the landlord was called, and everyone sat down and talked. When negotiating with the landlord separately, recording and recording, preparing for the alarm.
Zhang Xiao nodded and said, "Think of it home."
"It's not big, you can't be too excited!" Before Zhang Xiao got up, Zhou Xiaohong raised his voice.
After three days in a row, Zhou Xiaohong took Zhang Xiao every day to find the landlord to "negotiate".
At first, the landlord's attitude was tough and said that he would not refund the money and drive Zhang Xiao away. But Zhou Xiaohong also has a way. She first said that "the landlord has to engage in the" overlord clause "on the property fee, and it must bear legal consequences." Looking at the landlord's guilty conscience, Zhou Xiaohong took advantage of it to persuade him to think in another way. If your family was on the outside, it would not be good. "The gentleman loves the fortune, and everyone makes a step." In the mediation, Zhou Xiaohong said this sentence dozens of times.
In the end, the landlord agreed to withdraw the rent of Zhang Xiao for half a month, and the two people negotiated the property fee half.
At the end of July, I heard that Zhang Xiao moved his money away from the rental house, and Zhou Xiaohong's heart let go. "The people of the people are‘ Judge of Buyi ’. They must understand the law, know the world, and have to communicate with psychology. This is not easy to do." Zhou Xiaohong said, proud and proud on the face of the old mediator.
Talk about
"Flating ice" is the name of Wu Xiaohui, a mediator of Nan Lianxin Village, to the studio. The name of this name is to hope that everyone will come here to release the former suspicion and shake hands.
"Residents have big things and small things, and they come here to find us." On July 20, when the reporter came to the icing studio in the community neighborhood committee, Wu Xiaohui opened the door to see the mountain. She spoke softly, moving and gentle. People who know Wu Xiaohui all say that she has mediation, skilled, and flexible, making people like spring breeze.
As the saying goes, it is difficult for the Qing officials to break the housework. The mediation faces are mostly daily neighborhood disputes, family contradictions, and the elderly to support these "small things". Wu Xiaohui said that it is useless to have thin mud. To master the tricks, simply speaking, it is to appease, listen, go to the scene, and persuade. For example, when the residents first came, their emotions were very excited. Listening is not partially listening to partial trust. To understand the ins and outs of the matter in all directions and angles.
In recent years, Wu Xiaohui has set off a lot of "hard bones". Nanjing Refinery Life Area is an old community in Nanjing with 4,790 residents. When building a house, more than 2,000 camphor and watercours were planted here. No one was trimmed for decades, and some grew to 20 or 30 meters, which laid a lot of safety hazards for residents' lives.
Low -floors residents reported that the big trees seriously affected the lighting, and the rainy season was particularly humid. In the wind, the branches fell, and some cars were smashed. "Fortunately, I didn't hit someone!" Wu Xiaohui sighed now. The sound of pruning is not small. "The trees behind the door are witnesses of the times" "forcibly sawing trees to destroy greening", "A good place for cooling down" ... Some residents also played 12345 and shouted. The attitude of high -level residents is very determined. Some people say to the mediator that "the trees are crying and their hearts are bleeding." This makes the mediation work difficult.
The two sides were so troubled that they were forced to put on hold on the way. Wu Xiaohui said that considering the safety needs and lighting needs of residents, the pruning must be trimmed. To this end, the community issued a "Finding Tree Speaker" recruitment order in the community group, asking residents to concentrate on negotiation. However, the first round of negotiations did not obtain the ideal results, "everyone continued to argue and quarreled into a pot of porridge."
Before the second round of negotiation, members of the icing studio came again for high -level residents, and I hope everyone thinks about it. "If you live on the first floor, the leaves are covered, and the sun can't see the sun all year round. How can the house be trendy and moldy? How can you stand it? Besides, there is danger ..." After persuading, many residents' thoughts were loose.
"The mediation volume is very large. There are 37 people in our studio. They are facing more than 4790 families in the community. The mediators do work at home every day and run for more than a month." Wu Xiaohui said.
After the first two rounds of running -in, residents' opinions have been relatively unified. At the third round of the Association, old engineers over the age of 80, retired elderly people who grew up watching trees, and representatives of young and middle -aged employees did their own opinions regardless of their age and occupation. Where to go and maintain these issues in the future.
It took nearly two months, and the controversy finally resolved successfully. Today, the property is inspected regularly every month. If the hollow trees and withered trees, or the branches affect the lives of the residents, they will deal with it in a timely manner, and the community environment is getting better and better.
In recent years, Wu Xiaohui's mediation is not always smooth. The resettlement room was not delivered due to the delay in the epidemic. The residents were forced to extend the transition period. The children refused to support it. The elderly were unattended to the end of the elderly ... Family affairs were always inextricably linked, and they were stomachable. Speaking of these, Wu Xiaohui was both distressed and regrettable.
Last year, more than 360 contradictions were mediation, with a success rate of 98%. For high -successful power, she always said: "The people of the people are to continue to move towards the goal of" solving the problem at the grassroots level and the contradictions. "
statement
"A cup of tea in the door, sit down and say slowly." It is a fixed procedure for people who come to the Xiaolingwei Judicial Institute. The mediator Pan Jianxin has a pack of disposable paper cups all year round. "People who come here for the first time often have emotions, and the smell of gunpowder is heavy. Drinking cups of tea and dispeling gas." He said.
For the first time to mediate Zhao Xisheng (pseudonym) for support disputes, Pan Jianxin led what he was tension and tit -for -tat. Zhao Hostson is 85 years old. He is a native of Nanjing, a child, and a daughter. In June 2014, after Zhao was discharged from the hospital, his children pushed each other and refused to accept the elderly. After taking this mediation case, Pan Jianxin visited and persuaded many times, and it finally facilitated the two parties to reach an agreement: children took turns care and changed every two months. Last summer, Pan Jianxin received a call from the elderly daughter. The other party said that there was no way to continue the elderly, but said that he could pay money.
"The two sides are not considerate and incomprehensible. I can imagine that an outsiders need to insert it in." Pan Jianxin said that the first thing he did was to win the trust of the parties. Every time he goes to the elderly, he will bring some fruits. Both the elderly and the daughter can feel his patience and sincerity.
On one occasion, Pan Jianxin found the old man's son, and talked about 3 or 4 hours. "We will all get older, and no one cares about what situation is." In addition to the reason, Pan Jianxin also invited the legal consultant of the judicial office, Zhang Jie and Jiao Muyi, a lawyer of Beijing Yingke Law Firm, interpreted to the parties: The law stipulates that the elderly are children Responsibility, abandoning the elderly may constitute a crime.
Today, the old man Zhao has a stable residence and his life is returning to normal. The 7 -year -old retirement dispute was successfully resolved.
The mediation is not blindly moving, everything has to be placed in the legal framework. A residential area of Xiaolingwei Street has been completed for 22 years, and the underground garage has been rented out to the outside world. In 2017, the illegal construction of the garage was demolished. Owners believe that property rights should be owned by all owners and require the right to restore the use of garages, but there is no result of negotiation with developers. Pan Jianxin conducted a detailed investigation as soon as possible and found a professional lawyer to investigate. However, the mediation has no results many times. According to the "People's Mediation Law", the mediation officer suggested that the industry committee sued the court.
During the trial, there were always differences between the two sides. The Justice Institute, the court, community, industry committee, etc. have been medited by developers. Finally, the developer agreed to return the allocation of the underground garage to the management committee to manage, and the garage restored the parking function.
Counting the "old account" of the Qing Dynasty, extinguishing each other's "war", such scenes are often staged in the Xiaolingwei Judicial Office. However, Pan Jianxin said that the mediation dispute was "zero -intensified", and high -quality legal services were indispensable. The staff of the judicial institute must learn the law and understand the law. Usually, the lawyer said that everyone was enthusiastic.
"Only by understanding the Fa, the mediation staff can better serve the residents." Pan Jianxin said with emotion.
Xinhua Daily · Jiaojiao Reporter Ni Fangfang Xu Ruixiang
Intern Li Qihang
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