□ Xintianshui reporter Pei Tingting and Zhang Lei
"In the past, mediation cases were 'alone', but now we work together with grassroots departments and industries to find ways to solve difficult and complex disputes together, and resolve conflicts and disputes in the bud in a timely manner." On July 17, Li Haizhou, a mediator in the litigation and mediation docking room of the Gangu County Comprehensive Management Center, explained the new changes in the diversified resolution of disputes since the docking of litigation and mediation.
In recent years, Gangu County has insisted on putting the non-litigation dispute resolution mechanism at the forefront, taking the initiative to carry out litigation and mediation, minimizing the burden of litigation by the masses, and effectively promoting the transformation of grassroots social governance from litigation to litigation and dispute resolution to less litigation and no litigation, effectively improving the efficiency of grassroots social governance.
Build a "bridge" to resolve disputes so that the masses are "willing to come"
"Thank you so much! Thanks to your mediation, I was paid in just a few days. A few days ago, Wang, a migrant worker who got his arrears of wages at the Gangu County Comprehensive Management Center, said happily.
Wang will work at the construction site contracted by Ding in 2023, but his salary will not be paid in full after the project is completed. In the process of urging, a dispute arose between the two parties, and Wang sued Ding to the Gangu County People's Court.
After the case was accepted, the court believed that the facts of the case were clear and the relationship between rights and obligations was clear, so it sent the case to the county comprehensive management center for pre-litigation mediation, and actively guided the parties to choose non-litigation methods to resolve the dispute in accordance with the law.
"When we received the case, we assigned the labor dispute mediation committee to organize mediation between the two parties, and the lawyers stationed in the county comprehensive management center informed them of the corresponding legal consequences." Wang Xiaotong, director of the Gangu County Comprehensive Management Center, said that after many mediations, the two sides reached an agreement that Ding paid Wang the arrears of 10,500 yuan in arrears, and the dispute case involving migrant workers' wages was finally successfully resolved.
After "the case is closed, the matter is settled, and the people are reconciled", Wang Xiaotong sighed: "Although disputes are inevitable, litigation is by no means the only way to resolve disputes. It can be seen from this case that through litigation and mediation, it not only reduces the burden of litigation by the masses, but also improves the effectiveness of case resolution and meets the diversified judicial needs of the masses. ”
Since the beginning of this year, Gangu County has further promoted the standardized construction and substantive operation of the comprehensive management center, actively carried out the docking of litigation and mediation, and resolved contradictions and disputes at the grassroots level and in the bud in a timely manner. At present, a total of 778 cases have been diverted to the comprehensive treatment center before litigation, and 546 cases have been successfully mediated, with a mediation success rate of 70.18%.
Professional mediation "takes the pulse" and allows the masses to "come with confidence"
In June 2024, Liu, a packaging company in Shaanxi, filed a case online and sued an agricultural professional cooperative in Gangu County in court, demanding payment of more than 10,000 yuan for the remaining goods. After accepting the case, the Pan'an Court of the Gangu County People's Court adhered to the idea of quick filing, quick trial, and quick conclusion, and actively contacted both the original and the defendant to understand the relevant circumstances of the case.
"Liu said that they signed a contract for packaging customization, and he provided apple packaging bags as agreed, but the other party delayed paying the remaining payment." Xie Fangli, assistant judge of the Pan'an Court of the Gangu County People's Court, told reporters that in order to verify the specific situation, the judges and the staff of the comprehensive management center of the town went to the warehouse of the agricultural cooperative several times to check the apple packaging bags provided by Liu. Zhang, the person in charge of the cooperative, said that there was a quality problem with the apple packaging bag provided by Liu, so he did not pay the remaining payment.
Because Liu was in other places, in order to alleviate the litigation burden of the parties, the judge handling the case of the Pan'an Court of the Gangu County People's Court contacted the other party through telephone and WeChat to conduct pre-litigation mediation of the case.
"When reviewing the case filing materials mailed by Liu, we found that the sales contract signed by the two parties was not standardized, and there was a situation where Party B did not sign and seal. As a result, he repeatedly explained with Liu the major defects and quality problems in the contract. Yang Hongwei, clerk of the Pan'an Court of Gangu County People's Court, said that after repeated mediation by the mediation team, Liu finally agreed to give up the litigation claim and re-ship and replace the defective packaging bags involved in the case, and the two parties reached a settlement.
In recent years, Gangu County has made great efforts to build a "fruit and vegetable court" to effectively resolve conflicts and disputes in the process of production, supply, marketing, storage, transportation and other contradictions and disputes in the process of fruit and vegetable economic operation, and protect the people's wealth industry. At the same time, establish a mechanism for rapid adjudication and quick adjustment, and set up a mediation team composed of judges, agricultural technicians, brokers and village sages, so as to resolve the contradictions in the "field" at the first time through rapid adjustment and rapid adjudication.
"In order to further promote the docking of litigation and mediation, and build and improve a diversified contradiction and dispute resolution mechanism that connects litigation with people's mediation, administrative mediation, industry mediation and other non-litigation methods, we have established an efficient and convenient docking and liaison mechanism between townships and courts, county comprehensive management centers and courts and departments. At the same time, we should focus on improving the construction of four mechanisms: overall planning of forces, case subsidies, lawyer packages, and expedited adjudication and quick adjustment, to promote the transformation of grassroots social governance from litigation to litigation and dispute resolution to less litigation and no litigation, and effectively improve the efficiency of grassroots social governance. Wang Xue, deputy secretary of the Political and Legal Committee of the Gangu County Party Committee, said that in the future, the main line will be to take the initiative to create stability, improve quality and efficiency, and deal with all kinds of contradictions and disputes in a diversified manner, so as to stop the contradictions and disputes outside the litigation and resolve them before the litigation to the greatest extent, so as to enhance the people's sense of gain, happiness and security.