"Hello mediator, I am the respondent's company in a certain case, our company's account has been frozen, and now the company is in urgent need of money, can you arrange to unseal it." Mediator Wang Jianhong picked up the phone, and the urgent voice of the party came from the other end.
It turned out that the caller was a party to a project construction contract dispute case, and the project payment was 350 million yuan. Mediator Wang Jianhong opened the case file and saw that the case was very simple, the two parties signed a contract, clearly stipulating the scope of the project, the project price, the settlement method, the liability for breach of contract and other matters between the two parties, and Company A also fulfilled its obligations according to the contract, but Company B has been delaying and prevaricating for various reasons. Company A appealed to no avail, so it filed a lawsuit with the court and applied for pre-litigation property preservation against Company B.
After understanding the situation, the guiding judge and the mediator believed that the facts of the case were clear and there was a possibility of mediation, so they immediately started pre-litigation mediation and communicated with companies A and B "back to back". During the mediation process, in order to facilitate the two parties to reach a settlement as soon as possible and at the same time protect the legitimate claims of Company A, the court took partial preservation measures and froze the account of Company B.
At the same time, pre-litigation mediation work was carried out simultaneously. Company A stated that it was willing to accept mediation, but Company B breached the contract first, and it had to pay the arrears before agreeing to unblock it. Company B said that they also agreed to mediate, but hoped to unblock the bank account first to solve the company's urgent needs, "It happened that in the middle of the month, the company's employees' salaries, social security, taxes, etc. were frozen in the bank account, and employees came to the office every day to ask for money." At this point, the mediation between the two sides has reached an impasse again.
Considering that both parties are willing to mediate, the main focus of the dispute is whether to pay first or unseal first, and the guiding judge and mediator have not given up their efforts and continue to communicate with both parties. On the fourth day, things finally took a turn for the better. The judge proposed a compromise plan, in which Company B would pay part of the money before the bank was unsealed, and the remaining part of the arrears would be paid after the bank account was unsealed. It took less than a month from the filing of the complaint, the application for preservation to the handshake. A few days later, Company B paid the first arrears according to the agreement between the two parties, and the remaining amount is also being paid one after another.
So far, the dispute with a subject amount of 350 million yuan has been satisfactorily resolved, and the contradiction between the two parties has been resolved in a relatively short period of time, which not only effectively protects the legitimate creditor's rights of the parties, but also minimizes the impact on the production and operation of the enterprises involved in the lawsuit.
"Thank you so much, I didn't expect that the project money that had been delayed for several years was solved in only ten days with you, which is really a timely rain for our company." The legal representative of Company A said excitedly.
"The dispute has been resolved, the company's operation has returned to normal, and the employees are busy with their own work, and the mediation plan proposed by the court has really helped!" The person in charge of Company B said with relief.
In recent years, the People's Court of Guangming District of Shenzhen has adhered to the active performance of its duties, actively explored diversified solutions to contradictions and disputes, carried out market-oriented reform of commercial mediation, and implemented a multi-party linkage, professional and market-oriented mediation model, so as to alleviate difficulties for the development of enterprises to the greatest extent. The rapid and proper handling of this dispute is a breakthrough in the docking of litigation and mediation in the Guangming Court, and it is also a microcosm of exploring new paths for diversified resolution of contradictions and disputes and serving the overall situation of economic and social development.
Contributed by: Guangming District Court