A day of mediation to end disputes, efficient and easy to win the hearts of the people

One day stop dispute mediation efficient for the convenience of a popular western judicial offices typical cases in recent days, according to the ordos city dalad justice social contradictions “big bottom, big screen, big dissolve, governance” implementation plan request, western judicial offices to carry out the contradiction dispute mediation activities, at the same time of conflict resolving function into full play, close to a line, trying to resolve in time in time,Prevent things from changing.Guo opened a food processing plant in Shulin Town Dashu Bay village, due to a shortage of funds, respectively in December 12, 2008, April 9, 2010, June 24, 2010, August 24, 2011 to Wang a total of 2.73 million yuan, which Guo in December 12, 2009 to Repay the principal of 200,000 yuan wang,The remaining principal amount is 2.53 million yuan, among which the interest settlement of the remaining loan of 250,000 yuan on December 12, 2008 is 840,000 yuan in total on March 24, 2022, which has not been repaid.During this period, Wang mou for many times to Guo mou phone and face to face for remaining loans and interest, but Guo Jun said no money, unable to repay, Wang Mou in many times for arrears without fruit, then to dalat flag West park street some adjustment committee application for mediation.The committee accepted the dispute and appointed a mediator to be responsible for the mediation.After receiving the mediation application, the mediation committee immediately contacted the respondent guo, Guo said that there was indeed a debt, and agreed to mediation by the mediation committee.Then, the mediator and the community mediation committee to communicate, after understanding, the two parties had negotiated privately before, but ultimately the two sides failed to reach an agreement, Wang and Guo’s wife due to relatives, did not go to the court to Sue Guo, in order to prevent conflict escalation, the community suggested Wang to the street mediation committee to seek help.In order to fully grasp the situation of the dispute and clarify the focus of contradiction, the mediator communicates with both parties separately to understand the demands of both parties.Wang mou expresses to borrow money with Guo mou when, both sides agreed interest, also have ious to be card, debtors pay money no matter from the law or on reason, it is natural and proper.Guo mou said at that time anxious money, just agreed 2.5% monthly interest, in fact, always want to return the money to Wang mou as soon as possible, but later the business problems, just can not timely return, now so much interest, their own other loans have not paid off, really have no ability to immediately repay.See this situation, the mediator analysis thinks, Wang mou still can negotiate the room, Guo mou also did not have the meaning of debits, because both sides with respect to the amount of debt and repayment deadline do not reach consensus to bring about disputes cannot be solved.Mediators find the breakthrough point of conflicts and disputes, and immediately carry out face-to-face mediation.Based on the facts of the case, the mediator made an analysis from a legal point of view and explained the relevant laws to both parties.According to Article 26 of the Provisions of the Supreme People’s Court on Several Issues concerning the Application of The Law to Hearing Private Lending Cases, “If the interest rate agreed by the borrower and the borrower does not exceed 24% of the annual interest rate, and the lender requests the borrower to pay the interest at the agreed interest rate, the people’s court shall support it.The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the excess part of the interest agreement is invalid…”The mediator points out that the interest rate agreed by Wang and Guo is a reasonable and legal lending interest rate, and the iOU between the two parties can refer to the provisions of the loan contract in the Contract Law, which qualifies the dispute as a contract dispute.Article 60 of the Contract Law stipulates: “The parties shall fully perform their obligations in accordance with the contract.The parties concerned shall abide by the principle of good faith…”Article 107 stipulates: “Where a party fails to perform its contractual obligations or makes non-conforming performance, it shall be liable for breach of contract by continuing performance, taking remedial measures or making compensation for losses, etc.”According to the facts and evidence as well as legal provisions guo mou has repayment obligations.Then mediators from the reality of named, explain to wang mou, with the current business benefit not beautiful, just stay in business, and there are other debt, to fully considering the actual situation, with understand his difficulties, and everyone is kinship, can’t leave with out of business, it is unfavorable to solve.Listen to the mediator, Wang softened his attitude, said at that time out of affection to lend money to him, now also can’t because of the destruction of the family money, can give him a certain amount of time, in a week the first 100,000 yuan, the rest of the principal according to the income of Guo repayment in installments, also said that some of the interest.Wang mou’s understanding and conditions, greatly reduced the burden of Guo, Guo said very grateful.Finally, the two sides reached a mediation agreement and voluntarily applied for judicial confirmation.After patient mediation, Wang mou and Guo mou signed mediation agreement in the mediation committee, the agreement is as follows: 1.Applicant Wang mou voluntarily will guo mou owed loans of 2.53 million yuan and 840,000 yuan of interest, reduction of 340,000 yuan, now a total of 3.03 million yuan of principal and interest, the remaining interest is no longer calculated;2. Guo repaid 100,000 yuan only within a week, and the rest of the loan 2.93 million yuan slowly repaid;3. After the mediation agreement is signed, both parties voluntarily apply for judicial confirmation. If the respondent does not perform the agreement, the applicant has the right to apply to the people’s court for compulsory execution of all arrears and interest.As a kind of folk financing activity, folk lending plays a very important role in promoting folk economic development and improving folk production and life.However, many people lack the sense of risk. In order to obtain high returns, they borrow money from relatives, friends and acquaintances at high interest rates. Once the borrower is unable to repay the principal and pay the interest, disputes will occur between the two sides, and some even lose their money, bringing great harm to social harmony and stability.This case is a typical civil loan dispute caused by iOU performance. In the mediation process, the mediator publicized the law to the parties according to the facts, clarified the law, said the case, assisted by family counseling, fully guaranteed the rights and interests of both parties, so that the dispute could be successfully resolved.(Written by Justice Bureau of Dalat Banner)

Leave a Reply

Your email address will not be published.