Assisting in resolving disputes at the source and diversifying resolution methods - Lawyer Fan Yongjun successfully mediated a private lending dispute case
Time:
2022-08-27
Author:
Source:
Visits:
155
On August 24, Lawyer Fan Yongjun, a partner at Guangxi Tongwang (Liuzhou) Law Firm, successfully mediated a private lending dispute as a lawyer mediator at the Liuzhou Lawyers Mediation Studio. Xie Jiayi, an intern lawyer at our firm, actively assisted and cooperated with Lawyer Fan Yongjun in carrying out the lawyer mediation work, achieving very good results.
Case Brief
On June 10, 2021, the defendant, Z, borrowed 10,000 yuan from the plaintiff, H, due to an urgent need for cash, agreeing to repay the loan by the end of August 2021; on October 3, 2021, the defendant, Z, borrowed another 10,000 yuan from the plaintiff, H, due to an urgent need for cash, with the repayment date set for the end of December 2021. However, as of the date of filing the lawsuit (case acceptance) on August 15, 2022, the defendant, Z, had only repaid 6,000 yuan to the plaintiff, H.
Mediation Process
As a pre-litigation mediator at the People's Court of Chengzhong District, Liuzhou City, Lawyer Fan Yongjun, after receiving the case file, first carefully studied the contents of the civil complaint and related evidence materials, and then immediately contacted H and Z to understand the relevant circumstances of the case. It was found that H and Z were childhood friends with a very good relationship. However, due to Z's urgent needs, he borrowed a total of 20,000 yuan from H in two installments. Later, due to Z's sudden illness requiring money, he only repaid H 6,000 yuan and was unable to repay any more. Therefore, H sued Z in court.
With his many years of rich practice experience, Lawyer Fan Yongjun actively carried out detailed mediation work based on a full understanding of the basic facts of the case and the core needs of both parties. Lawyer Fan Yongjun first stabilized the emotions of both parties, resolved hostility, and then persuaded them with emotion and reason, guiding the parties to think from each other's perspective. Based on the preliminary mediation plan proposed by the defendant, Z, the mediation plan was optimized and refined according to the requirements of the plaintiff, H, and legal risks were pointed out and explained, ultimately leading H and Z to reach a consensus, and the case was concluded through pre-litigation mediation.
The picture shows the scene of the parties signing the pre-litigation mediation agreement
Deepening the construction of a diversified dispute resolution mechanism is an important part of the people's court implementing General Secretary Xi Jinping's important instruction to 'put the non-litigation dispute resolution mechanism at the forefront' and promoting the modernization of the national governance system and governance capabilities. In recent years, the two levels of courts in Liuzhou have resolutely implemented the requirements of modernizing the national governance system and governance capabilities, deepened the governance at the source of litigation, established a one-stop diversified dispute resolution and litigation service system, resolved mass conflicts at the source and before litigation, and provided strong judicial guarantees for the high-quality economic and social development of Liuzhou. Among them, the People's Court of Chengzhong District, Liuzhou City, has deepened the reform of the work mechanism for governing litigation at the source, providing an effective reference demonstration for carrying out judicial confirmation work for a series of cases.
Guangxi Tongwang (Liuzhou) Law Firm, as the working station of the Liuzhou Lawyers Mediation Office, actively participates in lawyer mediation work. Under the guidance of the People's Court of Chengzhong District, Liuzhou City, it dispatches lawyer mediators to the court on time and strives to do a good job in mediation.
More News