The characteristics of family dispute cases undoubtedly make mediation a more advantageous way to resolve disputes. Every judge who has experienced family mediation, the biggest experience is that in these family cases, the emotional confrontation between relatives will make mediation impossible to start, the intricacies of the contradictions make it difficult for mediation to find the bull's-eye, and it is even more difficult to make up for the gap between the hearts, so that the broken mirror can be reunited and the water can be retracted......
"I'm going to sue." A pair of trembling hands handed over an indictment to the filing window.
"I'm going to sue, sue my daughter and get her to give me my money back." When the staff reviewed the case filing materials, Liu Yong (pseudonym) repeated it again, but the content was like thunder. During the mediation stage, Liu Yong and his daughter Liu Li (pseudonym) seemed to have a deep misunderstanding, and neither of them wanted to take the next step first, and the mediation work reached an impasse many times. The case went round and round and went back to Judge Hu Guangming's team.
Combined with the complicated situation of many unsuccessful mediations in the early stage, when Judge Hu and I were about to continue to work hard to mediate, Liu Yong's lawyer confided another bombshell information: he was suffering from cancer and was at an advanced stage.
By contacting both parties, I realized once again how deep the misunderstanding between father and daughter was. Liu Li sat at the mediation table, her eyes were red and red: "If you don't really have no choice, who wants to make trouble at home in court...... It's not that I don't want to pay back, but at that time, my father said that the house would be left to my younger brother and deposited for me. ”
"I didn't say that." Liu Yong interrupted Liu Li's words with a resolute attitude. "The money itself is mine, and now that she has taken it all, is there anything wrong with me coming back?"
Hearing this, Liu Li became emotional. She didn't expect that her father's verbal promise could be withdrawn so easily, and she didn't talk about the family relationship between father and daughter at all. "Then this can't be done, you sue me." Liu Li stood up, and the mediation reached an impasse again.
Both sides are so resolute, how to carry out the case next? We agreed that the key to this case is to restore the relationship between father and daughter. It is only because of a temporary emotional confrontation and a short-term disagreement that neither side wants to take the first step.
"Judge, can you understand the feeling of going to court with your biological father?" Liu Li on the other end of the phone choked up, and the heavy atmosphere seemed to have condensed into substance, weighing heavily on my heart. "I feel wronged......" Liu Li on the other end was already crying, and my hand in taking notes gradually slowed down.
"I understand you." I understand that what Liu Li needs at this moment is a quiet listener, and at the same time, I need to calm her emotions.
Under the calm tone of Judge Hu and I, Liu Li calmed down and told us about her difficulties. The younger brother is not in good health, so she took care of Liu Yong personally when he was sick and hospitalized, and the hospitalization fee was basically borne by Liu Li.
"I didn't use my father's money." Liu Li said that she knew that this was her father's pension money, and the old man had saved it all his life, how could she easily squander it? It's not that she doesn't want to pay it back, but her father's complaint has ruined her reputation in the village. She's really struggling right now. After saying all this, Liu Li breathed a sigh of relief, as if all the depression had an outlet.
Mediation requires the integration of "law, reason, and emotion", and family mediation pays more attention to "emotion", which can make "law" and "reason" more warm, and can also increase the success rate of mediation.
"People always say that old children and old children are children, and they are children, and they are to tolerate them at such times." I glanced at Judge Hu and continued to persuade Liu Li, "I can understand your mood and your situation, but after all, father and daughter are the same." You don't need to pay it back in full, and your medical expenses can be deducted from the elderly's savings. ”
Under our guidance, Liu Li recalled the bits and pieces of the father and daughter used to get along, and under the impetus of emotion, she began to try to understand the changes in her father's thinking in his eighties. There was no sound on the other end of the phone for a long time, and then a voice came: "I agree." He's my father after all. ”
After learning about these situations and enlightening Liu Li, we struck while the iron was hot and called Liu Yong, his son and daughter-in-law, and they expressed their understanding that they had been mediating since the father-daughter lawsuit. At the same time, we are also working Liu Yong's side, and tell Liu Yong in detail about the efforts and expenses that Liu Li has made for the family over the years. Liu Yong also began to reflect on himself, and his attitude also relaxed. "It seems like we haven't spoken calmly since I asked her to pay it back." He let out a long sigh.
We finally got to grip the mess.
"Whoa, whoa—" 100,000 yuan in cash flashed one by one in the money detector, and the expressions of the father and daughter at the table eased a lot towards each other.
After the plan to deduct medical expenses was agreed by both parties, Liu Li made another request: Liu Yong must be paid cash in the presence of the judge.
Now, the sound of the counterfeit detector stands out in the quiet mediation room. In the end, Liu Li took the lead in reaching out to her father.
"Dad." A simple word made Liu Yong's eyes moisten. He scrambled to his feet. "Hey."
Judge Hu and I watched this scene at the table with great joy. I grabbed my camera and proposed, "Let's take a picture." ”
"Mediation gives both parties the opportunity to face the problem and try to solve the problem together. One more mediation' is the most important thing that requires perseverance and persistence. The handling of disputes involved in the case is of course important, but the resolution of disputes outside the case should also be taken into account. Resolve disputes, open knots, and reconcile relatives. As I complained, the same heart is ultimately reflected in the happiness and consummation of tens of millions of families. Judge Hu said to me.
Contributed by: Huairou Court
Editor: Liang Hanwei Shi Yang
Review: Wang Fang