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The most important thing in mediating disputes is voluntary, which requires both parties to be voluntary, without fraud and concealment, and with a fair mediation outcome.
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To mediate disputes, it is necessary to be reasonable, to be reasonable, to be reasonable, and not to take sides with any party, which is the most important thing.
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What do you think is the most important thing to mediate a dispute? To mediate a dispute, the most important thing is to understand why the dispute arose between the parties, that is, to find the cause is the most important, and of course, to resolve the dispute is even more important.
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I believe that the most important thing in resolving disputes is to be reasonable and fair.
Only fair and reasonable.
in order to solve the problem to the greatest extent.
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In the case of dispute mediation, the most important thing is to achieve a level that is satisfactory to both parties, that is, to maximize the interests of both parties.
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The most important thing in mediating a dispute is to take care of the interests of both parties.
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It depends on whether the parties need to mediate, of course, this has a lot to do with the mediator in the middle, if the mediator's mediation skills are better, then it is easy to reach mediation.
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I think the most important thing to mediate a dispute is to listen to both sides. The most important thing is to resolve the contradictions in life.
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It's about being patient. This kind of thing must be justified by the public, and the mother-in-law said that the mother-in-law is reasonable. You have to hear it.
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Fair. Reasonable.
I feel the same way.
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To have a bowl of water even, it should be considered from the perspective of the interests of both parties.
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What do you think is the most important thing to mediate disputes? The first thing to do is to understand the content of the dispute. to mediate.
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It is important to mediate disputes, preferably on peaceful terms.
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It is most important to have a fair and just heart in the mediation of disputes.
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The first is to find another way, when the conflict occurs, the mutual refusal is not granted, and when the stalemate is deadlocked, if the mediator simply preaches and repeats the old words, it may cause boredom and resistance of the parties. At this time, Yuan Shu avoids the focus of contradictions, looks for a breakthrough point, arouses the interest of the parties, and then skillfully guides the parties to take the initiative to return to the topic, which can often receive unexpected effects. The second is to explain the case by case, and the parties to the bypass dispute often stand in their own perspective and explain the mistakes they have made as much as possible out of the need for self-protection.
At this time, the role of typical cases in guiding and demonstrating can be brought into play, so that the parties can have some reference, draw inferences from one another, contact themselves, and recognize their rights and obligations, and disputes can also be easily resolved.
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People's mediators may mediate conflicts and disputes in a special people's mediation room, or in a suitable venue convenient for the parties. Villagers' committees, residents' committees, enterprises and institutions and other places can be used as mediation venues for mediation.
Article 8 of the Law of the People's Republic of China on the People's Republic of China on the Settlement of Villagers' Committees and Residents' Committees shall establish people's mediation committees. Enterprises and public institutions shall set up people's mediation committees as needed. The People's Mediation Committee is composed of three to nine members, with one director, and when necessary, may have several deputy directors.
People's mediation committees shall have women members, and areas inhabited by multiple ethnic groups shall have members of ethnic groups with a small number of members.
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Legal analysis: Mediation and settlement refers to the parties reaching an agreement through negotiation in the process of dispute resolution, reaching mutual understanding and mutual concession, and settling disputes. The manner in which the dispute is properly resolved is as follows:
1.Take the initiative to resolve conflicts and seek consensus: In the process of dispute resolution, both parties should take the initiative to show goodwill and actively seek solutions, so as to enhance the sense of cooperation and confidence in reaching consensus.
2.Seek the help of a professional mediator: If the parties find it difficult to resolve the dispute on their own, they can seek the help of a third-party professional mediator to resolve the dispute with the autonomy and impartiality of the mediator. Wide call.
3.Settlement in a variety of ways: The parties can settle in a variety of ways on the basis of mutual understanding and mutual accommodation, such as modifying the terms of the contract, increasing the compensation method, and negotiating the apportionment of losses.
Legal basis:1Article 244 of the Civil Procedure Law of the People's Republic of China: "People's mediators shall mediate civil cases in accordance with the provisions of law on the basis of the parties' voluntariness and factual basis. ”
2.Article 17 of the Arbitration Law of the People's Republic of China: "Where the parties settle on their own, the arbitral tribunal shall rule to terminate the arbitral proceedings." ”
3.Article 94 of the Contract Law of the People's Republic of China: "If one or both parties violate the provisions of the contract and cause losses to the other party, they shall be liable for damages of pure fine fiber." ”
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Mediation refers to the specific measures taken to resolve disputes in the form of mediation of disputes. The "Regulations on the Organization of the People's Mediation Committee" stipulates: "The People's Mediation Committee shall, on the basis of ascertaining the facts and distinguishing right from wrong, fully explain the reasoning, patiently counsel, eliminate estrangement, and help the parties concerned reach an agreement."
This is the most basic method for the people's mediation committee to mediate disputes. Because civil disputes are complex and diverse, and the circumstances of the parties are different, therefore, when mediating disputes, different mediation methods should be selected according to different circumstances, and Sun Shu can sometimes use several mediation methods at the same time as needed. Next, I will give you a detailed introduction.
Commonly used mediation methods are:
1. It is necessary to take a caring and loving attitude, guide and reason, follow the words of persuasion, speak bitterly, and repeatedly mediate to enlighten the ideological consciousness of the parties.
2. Be good at applying legal provisions, policy provisions and fine traditions to educate the parties concerned, and improve their ideological understanding and moral concepts.
3. Be good at using the positive forces in the social relations of the parties to help persuade the parties.
4. Be good at listening to the opinions of both parties, and not listen to others first.
5. Be good at investigation and research, find out the truth of the facts, find out the causes of disputes, the focus of disputes and the key people in disputes.
6. Be good at combining persuasion and persuasion with solving practical problems.
7. Be good at grasping typical people and typical things, solve one thing, and educate one.
8. Be good at timely return visits to consolidate the results of mediation.
9. All disputes involving the masses of two units must be resolved through joint negotiation by the mediation organization.
10. Be good at summarizing experience and promoting experience.
What are the disciplines expected of mediators?
Article 12 of the "Regulations on the Organization of the People's Mediation Committee" stipulates that members of the People's Mediation Committee must abide by the following disciplines:
1) No favoritism;
2) Do not suppress or retaliate against the parties;
3) Do not insult or punish the person who is withered;
4) The privacy of the parties shall not be disclosed;
5) Do not eat, please be courteous.
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The mechanism for handling civil disputes refers to the methods and systems for alleviating and eliminating civil disputes. According to the different systems and methods of dispute resolution, the mechanism of civil dispute settlement can be discussed in the following three forms.
Self-reliance. Self-reliance, including self-determination and reconciliation. It refers to the fact that the subject of the dispute relies on its own strength to resolve the dispute in order to protect its own rights and interests.
Self-determination refers to the fact that one party to the subject of a dispute uses its own strength to make the other party subordinate. Reconciliation refers to mutual compromises and concessions between the two parties. What both have in common is that they both rely on their own power to resolve disputes, without the involvement of a third party and without being bound by any norms.
Social assistance. Social assistance, including mediation (extra-litigation mediation) and arbitration. He is a system of acceptance that relies only on social forces to deal with civil disputes.
Mediation is a mediation between the two parties to the dispute by a third party (mediation institution or mediator), and uses certain legal norms and moral norms to persuade the parties to the conflict, so that they can reach an agreement to resolve the dispute on the basis of mutual understanding and mutual accommodation. A mediation agreement is not legally enforceable, but it has contractual effect.
Arbitration is the hearing and adjudication of disputes by an arbitration institution selected by the parties. Arbitration is different from mediation in that an arbitral award is legally binding on both parties. However, arbitration, like mediation, is premised on the voluntariness of both parties, and arbitration can only commence if the parties to the dispute reach an arbitration agreement and agree to submit the dispute to adjudication.
Public relief. Public remedies, including litigation and administrative adjudication. Civil litigation refers to the activities of the court to resolve civil disputes by means of trial, judgment, enforcement, etc., with the participation of the parties and other litigation participants, as well as the sum of various litigation relationships arising from these activities.
Civil litigation is dynamically manifested in various litigation activities carried out by courts, parties and other litigation participants, and statically in the litigation relationship arising from litigation activities.
Administrative adjudication refers to a specific administrative act in which an administrative organ or a legally authorized organization may, in accordance with the authorization of the law, review and make a ruling on civil disputes that arise between the parties, which are closely related to administrative management activities and unrelated to contracts. The subject of administrative adjudication is statutory. Only when an administrative organ is authorized by law can it review and adjudicate civil dispute cases within the scope of its authorization, and without legal authorization, administrative organs cannot decide and adjudicate certain civil dispute cases on their own.
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Legal analysis: Li Hong, the general plaintiff of the mediation dispute, is which imitation book mediates on the basis of the parties' willingness and equality; Do not violate laws, regulations and national policies; Respect the rights of the parties, and the parties shall not be prevented from defending their rights through arbitration, administrative, judicial and other channels in accordance with the law because of mediation.
Legal basis: "Mediation Law of the People's Republic of China" Article 3 The people's mediation committee shall follow the following principles in mediating civil disputes:
1) Conduct mediation on the basis of the parties' willingness and equality;
2) Do not violate laws, laws and regulations, and national policies;
3) Respect the rights of the parties, and the parties shall not be prevented from defending their rights through arbitration, administrative, judicial and other channels in accordance with the law because of mediation.
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