Execute put on record to register oneself since making, whole town court of justice receives record number to rise considerably. Face many case to be swarmed into ceaselessly, the court is much person of the case that defeat solution's little contradiction, dispute of ceaseless exploration diversity solves a mechanism, raise rate of the mediation before appealing to to be able to alleviate effectively this one contradiction. Recently, the reporter comes to court of people of the division austral city, attack spot of people adjuster Wang Xiaoju to mediate continuously, seek by inquiry the court is right the exploration that before appealing to, mediates and reform.
The spot is attacked continuously advise in earnest to be " put out a fire "
Recently, the reporter will to the court austral city mediate atelier, in the morning 9 when, two people adjuster already began to busy, people adjuster Wang Xiaoju is busy mediation case of a dispute, listen to bilateral party appeal to beg, wang Xiaoju begins to use old experience to undertake individually " checkmate " . Time is not long, job of the mediation before appealing to obtains very great progress, see intercessory success hopeful, wang Xiaoju continues " pursue and attack " , still keep receiving the telephone call of other case party during this. Resemble such scene, in mediation atelier can be performed everyday, wang Xiaoju also is met everyday busy " put out a fire " , "I began to hold the position of adjuster in June 2016, from 2010 nevertheless the left and right sides holds the position of people juror. " Wang Xiaoju tells a reporter, now if time allows, she or meeting go becoming juror, because she feels,do this thing very valuable.
As we have learned, be in early 2015, court of people of the division austral bureau of judicatory of the area austral city and city established the people before insular city appeals to first times to mediate committee with respect to combination, appoint to a position adjuster of 5 full-time people, undertake of forensic pass on beforehand dispute of put on record. The people before the area austral city is stationed in people court to appeal to mediates committee to be accredited in service center of suit of division people court, by composition of adjuster of 5 full-time people. They abide by mediation preferential, join forces is dissolved, the judicatory support, fundamental that examines lawfully, undertake of forensic pass on beforehand dispute of put on record, guide party to mediate a way to solve a problem through people. Committee of mediation of the people before appealing to undertakes intercessory to these dispute or billabong mediates committee to undertake intercessory to people of each street, each community. What this action is helpful for realizing lawsuit and blame lawsuit dispute to solve a mechanism is organic join, utmost ground dissolves contradictory dispute before appeal to, reduce a court to try pressure, managing lawsuit cost. Bureau of judicatory of the area austral city is in charge of undertaking assessing to its, groom and administration is direct, the court austral city is in charge of business guidance, what work with making sure the people before appealing to is mediated is successful begin.
Center of innovation act mediate takes community
"When just beginning to hold the position of adjuster, also have a few not quite suit, mediation rises to take pain to quite. " Wang Xiaoju says, after taking a case occasionally, cannot find party at all. Have property one case to expend dispute case, the accused is absent this locality, cannot dial word of city dispatches from foreign news agency because of a machine of the unit, wang Xiaoju dials the accused telephone with his mobile phone, the intention showed with the accused after putting through. "What didn't the accused say at that time, and spent period of time, he answers a phone to me again, say I am cheater, it is poor mad. " Wang Xiaoju tells a reporter, at that time she very grievance, but also must strive for a case to mediate a success, fall in the assistance of presiding judge later, the accused just believed Wang Xiaoju, the case is mediated smoothly also. Now, mediation of king dawn chrysanthemum rises do a job with skill and ease, mediated a case successfully 2017 more than 100 cases, had mediated 449 cases since this year.
The case that expends dispute like this kind of property is absent a few, mediation of this kind of case rises also is more complex, for this, the court austral city is explored actively also, in December 2015, center of mediate of diversity of dispute of property of the area austral court of circuit of dispute of property of the court austral city and city uncovers a shop sign in community of the region in Hong Kong of the area austral city. To have in time effect dissolves property dispute, the professional dominant position that develops trade issue mediation adequately, those who realize mediation and lawsuit is organic join, be aimed at measure of property dispute case is constant growth, new in recent years the characteristic that type case appears ceaselessly, natural resources of land of city quadrangle and bureau of town administration of justice, city and combination of building management board build property mechanism of linkage of mediation of service government issue, center of mediate of diversity of dispute of property of the area austral court of circuit of case of dispute of property of the court austral city and city moves an orgnaization as careful, the case of concerned property dispute of the area under administration austral city of cognizance of on the spot, mediate, serve healthy progress to promoting property, people lives and work in peace and contentment, social harmony stability has great sense.
Introduce a lawyer to dissolve of all kinds and contradictory dispute
At the beginning of this year, shandong province tall courtyard and print and distribute of combination of province judicatory hall " the executive opinion that mediates pilot job about beginning an attorney " , mediate limits of case of mode of place of organization, mediation, mediation, mediation to wait to the lawyer make specific provision, save each city, county completely at was in before the bottom in March certainly (area, city) begin pilot, the bottom was pushed in the round in complete province in April. This is one deepens diversity dispute to solve mechanism reform, can produce lawyer function effect adequately, dissolve of all kinds and contradictory dispute effectively, safeguard party to close right increase, justice of stimulative society fairness.
As we have learned, the constituent form that the intercessory studio that the lawyer mediation center that bar association establishs lawfully and each attorney office build lawfully is responsible lawyer mediation. Service center of people court, common law (station) , attorney office creates lawyer mediation room respectively, develop the site that mediates the job as lawyer adjuster. To the dispute of appropriate mediation, before the put on record that register, after consult party agrees, people court is OK accreditation mediates an organization undertake intercessory to specially invite lawyer. After the case is accepted, perhaps be in cognizance process, people court also can entrust specially invite lawyer to mediate an organization undertake intercessory.
Additional, the lawyer mediates an organization to accept assign of common law service center to offer commonweal sex mediation. Party can mediate a center to the lawyer by oneself or atelier of attorney office mediation applies for to mediate. As we have learned, lawyer mediation can be accepted of all kinds issue of civilian trade issue, include criminal the civil part of accessary and civil dispute, but the except that marital relation, identity relation affirms to the case depends on case property to cannot undertake intercessory with etc. Lawyer mediation is chaired by adjuster of a lawyer commonly, to great, difficulty, complex or the case that party requirement mediates jointly by two above adjuster, can mediate by two above adjuster, mediate center or lawyer mediation atelier to appoint an adjuster to chair by the lawyer, party has warrant, can apply for to change lawyer adjuster. Introduce lawyer mediation, can offer diversity to mediate a mechanism, provide diversification judicatory demand, this much to case of delay solution courtyard person's little contradiction also is beneficial attempt.
With all possible means linkage raises rate of the mediation before appealing to
"A lot of cases are more complex, need present mediation so, a few simple, the likelihood is communicated a few times more through the phone also can mediate a success. " Wang Xiaoju says, current, she is mediating a case one case, because the case is complex, this case was taken over January from this year, to time of already close now half an year, through " seesaw battle " , mediation goes well, the near future can be mediated basically finish. Actually, this is an epitome in case of mediation of king dawn chrysanthemum only. Opposite Wang Xiaoju, it is another adjuster Lu Xiaomeng, city is in before her bureau of boreal person company works, atelier also is mediated after retiring, not familiar to legal knowledge at the beginning, she buys a data to look with respect to oneself, consult a judge, time grew to be familiar with slowly, the intercessory case that she takes over also is varied, contradiction of property dispute, neighborhood, building is rented, traffic accident, she takes out record of the mediation before appealing to originally from inside the drawer, there is the intercessory case of the case each cases inside.
Beg to offer diversity judicatory to appeal to to party, the court also explores diversity dispute to solve a mechanism ceaselessly in the job, recently, city of the court austral city, Qingdao protects guild of insurance of city of inspect bureau, Qingdao to establish case of road transportation accident to mediate atelier in butt joint of the court austral city. In June 2016, top people court was released " a certain number of opinions that deepen diversity dispute to solve a mechanism to reform further about people court " , solved mechanism construction to provide guidance to promote issue of people court diversity. Contradict about perfecting a society to carry out multivariate the concerned deploy that dispute dissolves a mechanism and requirement, advance insurance issue to accuse mechanism of tone butt joint builds the job further, in November 2016, top people court and China protected inspect to be able to be released jointly " the opinion that builds about advancing insurance issue lawsuit and mechanism of intercessory butt joint in the round " , subsequently, qingdao quadrangle is right advance " 5 an organic whole " linkage mediation job made specific deploy.
Fulfil ranking court to carry out relevant work requirement, impact of big, legislation determines amount of case of accident of transportation of road of the court austral combinative city relatively wait for a characteristic, city of Qingdao of combination of the court austral city protects guild of insurance of city of inspect bureau, Qingdao to build linkage to mediate working mechanism to establish diversity of case of road transportation accident to solve the job to head a group jointly. Leader group sets case of road transportation accident to mediate atelier, atelier is set in the court austral city the 38th court, by the court austral city civilian 4 front courtyard are in charge of day-to-day management, member by the court austral city civilian assistant of a judge and city of a clerk, Qingdao keep 4 front yard the one famous person that guild of insurance of city of a staff member, Qingdao invites inspect bureau civilian adjuster composition.
Atelier of mediation of case of road transportation accident adds up to court, insurance to superintend branch and organization of insurance industry mediation to be in through rectifying the working resultant force that dissolves side of dispute of road transportation accident, between lawsuit of the insurance in realizing case of road transportation accident and industry mediation without seam a butt joint, mediation of sufficient play industry is professional, convenient sexual advantage, diversity of dispute of accident of stimulative road transportation is solved. Next, the court austral city civilian 4 front courtyard mediate case of accident of transportation of road of have the aid of atelier platform of this one work, unite standard of judge of case of road transportation accident, build information of joint meeting of butt joint appealing to tone, butt joint appealing to tone to share dispute of mechanism, difficulty a series of job act such as directive mechanism, dissolve dispute of road transportation accident quickly, raise rate of the mediation before case of road transportation accident appeals to, cogent safeguard party closes right increase.
The article carries on June 10, 2018 " Qingdao evening paper " 16 edition
